United States · United States Congress · 27 March 1980
Amends the Immigration and Nationality Act regarding alien graduates of foreign medical schools to: (1) require medical schools to submit to the Commissioner on Immigration and Naturalization and the Secretary of Health and Human Services (formerly, the Secretary of Health, Education, and Welfare) an assessment of staffing requirements in the hospital departments in which the alien will be trained, and a staff utilization plan; (2) limit such alien's stay to the lesser of seven years or the time normally required to complete a designated course of medical study (presently two years with a one year extension); (3) permit such alien to change his designated course of medical study, upon approval of the Director of the International Communication Agency (presently must continue course of education under which admitted into the United States); (4) make such duration of stay and course change provisions applicable to those aliens entering the United States on or after January 10, 1978; and (5) extend the waiver authority regarding such aliens from December 31, 1980, to December 31, 1985. Amends the Public Health Service Act to consider as health manpower shortage areas hospitals with a residency training program in which more than 25 percent of the positions in such program are filled by alien graduates of foreign medical schools. Provides; (1) for priority assignments of National Health Service Corps personnel at such hospitals; and (2) that whenever possible such assignments shall reduce the number of alien residents at such hospitals. Establishes financial incentives for such replacement. Permits such residency to be counted toward satisfying the period of obligated Corps service. Directs the Secretary, in order to reduce hospital dependence on alien graduates of foreign medical schools, to: (1) identify the States, and the hospitals in such States, in which such aliens fill more than 25 percent of the places in residency training programs; and (2) develop a plan to reduce such dependence.
United States · United States Congress · 24 March 1980
Alternative and Worksite Education Act of 1980 - Amends the Elementary and Secondary Education Act of 1965 to establish an Office of Alternative and Worksite Education, under the general supervision and direction of the Assistant Secretary for Educational Research and Improvement, in the Department of Education. Directs the Secretary of Education to make grants to qualified nonprofit organizations located in and serving an eligible area to conduct alternative and worksite education programs. Sets forth criteria which applicants for program grants must meet. Directs the Secretary, in cooperation with the Secretary of Labor, to obtain and distribute to interested individuals and organizations information concerning the probable employee needs of employers, by general occupational category, for each standard metropolitan statistical area and State, and for the United States. Directs the Secretary to establish and operate a National Clearinghouse on Alternative and Worksite Education to collect, analyze, and distribute information. Provides for Federal civil rights law compliance in such program. Defines "eligible area" as a school district or county which was, during the most recent school year, eligible for assistance under the basic grants program of such Act. Defines qualified nonprofit organization as a private educational institution with: (1) specified capabilities relating to experimental education, Federal grants administration, and staff composition; (2) tax-exempt status; and (3) state accreditation for granting high school diplomas or the capability to successfully prepare enrolled students to achieve a high school equivalency. Authorizes appropriations to carry out this Act for fiscal years 1981 through 1983.
United States · United States Congress · 20 March 1980
Amends the Public Health Service Act to limit financial distress grants to any school of medicine, osteopathy, dentistry, or public health in serious financial need (thus excluding currently eligible schools of veterinary medicine, optometry, pharmacy, and podiatry). Directs the Secretary of Health and Human Services (formerly, Health, Education, and Welfare) to give special consideration to grant applications from such schools having significant enrollments of students from ethnic or racial minorities or from low-income families. Authorizes the Secretary to make such grants to meet, in addition to costs already provided for under such Act, costs of: (1) maintaining the quality of educational programs; and (2) strengthening academic resources and capabilities. Prohibits the Secretary from requiring changes in the educational component of the program of a recipient school. Limits the requirement of proper expenditure assurances to grant recipients (currently, all grant applicants must submit such assurances). Authorizes the Secretary to obligate grant funds in advance of appropriation. Requires proportionate reductions in obligated funds should appropriations fail to equal the projected amount. Authorizes the appropriation of $25,000,000 for fiscal year 1981 and for each of the four succeeding fiscal years. Eliminates the $5,000,000 ceiling on obligated or expended funds for start-up assistance grants for schools of medicine, osteopathy, dentistry, veterinary medicine, optometry, pharmacy, podiatry, and public health.
United States · United States Congress · 20 March 1980
Vietnam Veterans Comprehensive Readjustment and Rehabilitation Act - Title I: Interagency Coordination and Veterans Outreach Services - Requires the Administrator of Veterans' Affairs to coordinate all programs and activities affecting veterans and their dependents with other departments and agencies. Directs the Administrator to initiate a comprehensive outreach and information program to inform and assist eligible veterans and eligible persons to understand and utilize such programs. Title II: Compensation and Treatment for Diseases and Disabilities caused by Toxic Substances and Radiation Exposure - Entitles a veteran who suffers from a personal injury or disease contracted in the line of duty, or a disabled child with birth defects resulting from genetic damage to a veteran, to compensation and medical care. Authorizes the Administrator to establish and carry out a comprehensive program of screening veterans who may have been exposed to toxic substances, chemical or biological agents, or radiation during their military, naval, or air service to determine whether such veterans have incurred any disease or disability as a result of such exposure. Provides for outreach services to inform and assist such veterans in adjusting to such diseases or disabilities. Permits the Administrator to establish a centralized registry of claims made before the Veterans' Administration (VA) or other appropriate agency arising out of exposure or possible exposure to toxic substances, chemical or biological agents, or radiation, and of the disabilities, diseases, genetic damage, or symptoms associated with such exposure. Title III: Readjustment Counseling Improvement and Expansion - Authorizes the Administrator to arrange for or assist the veteran or the veteran's dependent, or both, in obtaining readjustment counseling or mental health services. Allows for the Administrator to conduct or contract for comprehensive studies of the psychological and sociological effects of the Vietnam Conflict, military service, and the readjustment process upon veterans and dependents. Title IV: Vocational Rehabilitation - Defines for purposes of this Act: (1) medical condition; (2) program of education; (3) program of independent living services and assistance; (4) rehabilitated; (5) rehabilitation program; (6) serious employment handicap; (7) vocational goal; (8) vocational rehabilitation program. Sets forth the provisions regarding basic entitlement and periods of eligibility for eligible veterans. Sets forth the scope of services and assistance, including: (1) evaluation for rehabilitation potential; (2) educational, vocational, psychological, employment, and personal adjustment counseling; (3) allowance and other appropriate assistance; (4) work study allowance; (5) placement services; (6) personal adjustment and work adjustment training assistance, tuition, fees, books, supplies, and other training materials; (8) loans; (9) treatment care, and services; (10) prosthetic appliances and other corrective devices; (11) services to a veterans' family; (12) essential employment equipment and supplies for severely disabled veterans requiring homebound training and for self-employment; (13) travel and incidental expenses; (14) special rehabilitation services, including services for the blind and the deaf. Provides for the duration of rehabilitative programs. Requires extended evaluations of veterans with service-connected disabilities to determine whether such veteran may have or has a serious employment handicap. Allows the Administrator to formulate an individualized written plan of vocational rehabilitation for a veteran. Provides for the payment of a subsistence allowance to eligible veterans. Entitles severely disabled veterans to a program of independent living services, and assistance designed to enable such veteran to achieve maximum independence in the functions of daily living. Authorizes the Administrator to prescribe regulations regarding leaves of absences, conduct, and cooperation. Releases to eligible veterans all books, supplies, and equipment furnished to such veteran under this Act, unless the Administrator determines that such veteran must return the resources. Allows for vocational rehabilitation to hospitalized members of the Armed Forces and veterans. Provides that any Federal agency's facilities may be used to provide unpaid training or work experience as part of a veteran's vocational rehabilitation program. States that such a veteran shall be deemed a Federal employee for workmen's compensation purposes but not for the purposes of laws administered by the Office of Personnel Management. Directs the Veterans Administration (VA) to: (1) provide employment assistance, including direct employment placement, utilization of Federal, State, and nonprofit private employment services and securing loans and paying business license fees; (2) provide vocational rehabilitation staff training and development; and (3) carry out an ongoing program of rehabilitation research and special projects, including grants and contracts with public and nonprofit agencies. Directs the Administrator to appoint a Veterans' Advisory Committee on Rehabilitation. Revises provisions concerning the limitation on periods of assistance under two or more veterans' educational assistance programs to include post-Vietnam era benefits within such limitation, and to provide a 48 month aggregate eligibility period for vocational rehabilitation and other educational assistance. Authorizes the Administrator to evaluate a veteran's employability in considering certain claims based on total disability and unemployability. Title V: Conditional Cost-of-Living Adjustment Educational Assistance Allowance - Authorizes the Administrator to provide a conditional cost-of-living adjust educational assistance to an eligible veteran or eligible person who makes an application and is eligible therefore. Stipulates that a cost-of-living adjustment allowance shall be in lieu of any authorized educational assistance or training allowance. Title VI: GI Bill Program Adjustments - Modifies the delimiting period for completing a program of education for veterans. Provides for the extension of the delimiting period for eligible veterans up to a period of two years. States that the Administrator shall provide educational, vocational, and personal adjustment counseling for veterans eligible for educational assistance. Limits the aggregate period during which any person may receive assistance under two or more programs of education administered by the Veterans' Administration. Declares that educational assistance allowances for institutionalized veterans after 30 days of institutionalization shall accrue and be withheld (and converted to securities), paid to dependents, and paid to such veteran upon discharge. Authorizes the Administrator, upon the request of such veteran, to pay to such veteran all or part of the monthly allowance to meet continuing financial obligations of such veteran. Provides for the payment of unused contributions to the education assistance fund to specified individuals upon death of the participant. Eliminates reporting requirements to Congress regarding default rates and experience with respect to loans made under this Act to eligible veterans. Discharges a veteran's liability on loans upon such veteran's successful completion of educational, professional, or vocational objective. Title VII: Interagency Task Force; Presidential Commission or Veterans' Affairs - Establishes an Interagency Veterans' Advisory Task Force. Sets forth the duties and responsibilities of such Task Force. Title VIII: Job Counseling, Training, and Placement Service for Veterans - Establishes within the Department of Labor an Assistant Secretary of Labor for Veterans Employment. Title IX: Employment and Training of Disabled and Vietnam Era Veterans - Requires Federal contracts of $10,000 or more to require the contracting party to take affirmative steps to employ qualified disabled veterans and veterans of the Vietnam era and to make reasonable efforts to provide career development, advancement, and training opportunities to such veterans. Encourages veterans employment within the Federal Government. Title X: Veterans Career Development, Advancement, and Training Assistance - Establishes a program of career development, advancement, training, and related services for Vietnam-era veterans. Defines, for purposes of this Act: (1) eligible veteran; (2) eligible employer; and (3) dependent. Sets forth provisions regarding the entitlement to and the eligibility of a veteran for a career development and advancement or training allowance. Sets the duration of such eligibility. Requires the Administrator of the Veterans' Administration to provide occupational and vocational counseling. Permits an eligible veteran to select a program of career development and advancement, or a program of career development and training with an eligible employer in a chosen career field if the employer hires such veteran into its regular workforce with the expectation of permanent employment of the veteran after the training and career development assistance ends. Disallows approval of enrollment of a veteran for: (1) seasonal, intermittent or temporary jobs; (2) jobs paying less than $4.00 an hour, unless the Administrator determines in a particular case that the clause does not apply; (3) jobs outside the United States or its territories or possessions; (4) jobs under which commissions are the primary source of income; (5) employment which involves political or religious activities; (6) employment in an industry which a substantial number of experienced and able workers are unemployed; (7) jobs that are above entry level, except when applicable personnel procedures and collective bargaining procedures regarding the advancement of currently employed workers are complied with; (8) employment which would result in the displacement of any currently employed worker; (9) jobs which if filled would replace any worker who is on lay off, or on strike. Requires the Administrator to discontinue the career development and advancement allowance of an eligible veteran whose conduct or progress is unsatisfactory. Allows the Administrator to renew the veterans' allowance under certain conditions. Directs the Administrator to pay to each eligible veteran employer, on behalf of each eligible veteran, an allowance to meet in part the expenses of such veteran's wages, benefits, training, and any other necessary or appropriate costs. Sets forth the provisions for computation of career development, advancement, and training allowances and payment to eligible employers. Outlines the specifications for approval of career development and advancement programs. Provides for the issuance of certificates of approval to the eligible employers. Requires an employer who receives an overpayment as a result of: (1) willful or negligent failure to report a veteran's excessive absences from work or interruptions in a planned program; or (2) false certification to repay the amount of such overpayment to the United States. Allows the Administrator to make a complete report of the facts to the appropriate approving agency and, if considered advisable, to the Attorney General of the United States for appropriate action. Allows an eligible veteran to make one change of program, unless the Administrator finds sufficient reason to support further changes. Authorizes the Administrator to periodically conduct compliance surveys. Outlines the duties of the Secretary of Labor under this Act. Directs the Administrator, in consultation with the Secretaries of Labor, and of Health, Education, and Welfare, to provide for an outreach and public information program to inform eligible veterans of the program established by this Act. Title XI: Honorable Discharge (Limited) - Creates a discharge category of honorable discharge (limited) if the board determines that such individual has been rehabilitated, that such individual's conduct, activities, and habits since the individuals last discharge or dismissal have been exemplary for a reasonable period of time. Title XII: Effective Date - The amendments made by this Act shall take effect October 1, 1980.
United States · United States Congress · 17 March 1980
School Lunch Study Act of 1980 - Directs the Secretary of Agriculture to study and report to the appropriate committees of Congress on the feasibility of amending the National School Lunch Act to make all children within specified jurisdictions eligible for free lunches.
United States · United States Congress · 11 March 1980
Expresses the sense of Congress that the 1980 automatic cost-of-living increase in social security benefits should be allowed to occur as scheduled in accordance with the recommendations of the President.
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 · 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 · 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 · 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 · 20 December 1979
Transportation Systems Efficiency Act of 1979 - Title I: - Amends the Urban Mass Transportation Act of 1964 to stipulate that the authorization of funds for public mass transportation projects under such Act shall remain available for obligation for the three fiscal years after the fiscal year for which the authorization was made. Authorizes the Secretary of Transportation to make grants for energy conservation projects on nontoll public roads to reduce traffic congestion and facilitate traffic flow on a Federal-aid system highway. Stipulates that the Federal share of such a project shall be 90 percent of its cost. Authorizes appropriations for fiscal years 1981 through 1990 out of the Public Transportation Trust Fund (as established by title III of this Act) for projects under the Urban Mass Transportation Act of 1964 and for public mass transportation projects substituted for Interstate Highway System projects. Title II: - Authorizes the Secretary of Transportation to apportion funds for the repair of public roads which have incurred a substantial increase in use as a result of transportation activities to meet national energy requirements and which will continue to incur such use. Stipulates that the Federal share of such a project shall be 80 percent of its cost. Authorizes appropriations for fiscal years 1980 through 1990 for such purpose out of the Highway Trust Fund and out of the Energy Trust Fund (as established by H.R. 3919 of the 96th Congress or its equivalent). Authorizes the Secretary to make grants to separate rail highway crossings where there is a substantial increase in the use of rail facilities in transporting coal to meet national energy requirements and where the continued use of such facilities will result in substantial delays of highway travel. Stipulates that the Federal share of such a project shall be 80 percent of its cost. Authorizes appropriations for such purpose for fiscal years 1980 through 1990 out of the Highway Trust Fund and the Energy Trust Fund. Title III: Public Transportation Trust Fund - Establishes within the Treasury of the United States the Public Transportation Trust Fund. Appropriates to such Fund 25 percent of the amounts received by the Treasury pursuant to the windfall profit tax on domestic crude oil. Stipulates that the proceeds of such Fund shall be used for making capital expenditures for public transportation projects or transportation systems projects under the Urban Mass Transportation Act of 1964 or under title 23 (Highways) of the United States Code.
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 · 14 December 1979
Amends the Older Americans Act of 1965 to require that States, to be eligible for grants under such Act, submit plans which assure that, if a substantial number of older individuals residing in any planning and service area are of limited English-speaking ability, the area agency on aging will be required to: (1) utilize outreach service delivery workers who are fluent in the language spoken by the predominant number of such individuals; and (2) designate an employee, or another person available on a full-time basis, whose responsibilities will include: (a) making counseling available to such individuals to help them participate in programs and receive assistance under such Act; and (b) enabling social service delivery workers to take into account cultural sensitivities and linguistic differences.
United States · United States Congress · 12 December 1979
Authorizes the President to impose higher or additional duties on the products of any country which is not cooperating with the United States in its diplomatic or economic initiatives to terminate the unlawful actions of other foreign governments regarding U.S. citizens assigned to a U.S. diplomatic mission.
United States · United States Congress · 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 · 4 December 1979
Amends title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Resources (formerly, the Secretary of Health, Education, and Welfare) to make grants to hospitals meeting specified requirements for their provision of health services during a one year period to individuals who are not eligible for Medicaid (title XIX of the Act), are not covered by insurance, and are otherwise unable to pay for such services.
United States · United States Congress · 4 December 1979
Amends the Civil Rights Act of 1964 to include insurance contractors and guarantors within provisions which direct Federal departments to issue rules and regulations to prevent discrimination by recipients of Federal grants, loans, or contracts.
United States · United States Congress · 27 November 1979
Title I: - Amends the Currency and Foreign Transactions Reporting Act to extend the current reporting requirement to include persons "attempting" to transport monetary instruments into or from the United States. Title II: Authorizes any customs officer who has reasonable cause to suspect that monetary instruments are being transported for which a report is required to search, without a search warrant, any vehicle, vessel, aircraft, envelope or other container, or person entering or departing from the United States. Title III: - Authorizes the Secretary of the Treasury to pay a reward to any individual providing original information which leads to a recovery of at least $50,000 by way of a criminal fine, civil penalty, or forfeiture for a violation of such Act. Makes ineligible for such payment any Federal, State, or local employee who furnishes information in the performance of official duties.
United States · United States Congress · 16 November 1979
Federal Privacy of Medical Information Act - States the purposes of this Act to be: (1) to establish procedures allowing patients to inspect and amend medical information about them; (2) to define the circumstances under which individually identifiable medical information may be disclosed with or without patient consent; and (3) to make it a crime to request or obtain medical information from medical care facilities under false pretenses. Title I: Privacy of Medical Information - Part A - Definitions, Effect on Other Law, and Rights of Minors and Incompetents - Defines "accounting", with regard to medical information disclosure, as the recording of the date, nature, and purpose of such disclosure; and the name and business address of the person to whom the disclosure was made. Defines "aggravated property destruction" as property damage (in excess of $500) causing a significant impairment of use. Defines "audit" as an evaluation relating to: (1) the applicability of legal, medical, fiscal, or scientific standards; (2) the licensing or certification of medical facilities or personnel; or (3) medical peer review. Defines "employee" to include students or faculty members of a school affiliated with a medical care facility. Defines "government authority" as any Federal, State, or local entity, officer, employee, or agent. Defines "health research project" as a biomedical, epidemiologic, or health services research or statistics project. Defines "institutional review board" as: (1) a board established in accordance with regulations of the Secretary of Health and Human Services (formerly, the Secretary of Health, Education, and Welfare); (2) a similar board established under regulations of another Federal Government authority; or (3) a similar board which meets such requirements as the Secretary may specify. Defines "appropriate institutional review board" (with respect to a health research project intending to use medical information maintained by a researcher or facility) as: (1) the institutional review board for the organization sponsoring the project; (2) the institutional review board for the facility or researcher; (3) the institutional review board for another medical facility or institution which maintains medical information also intended to be used in the project; or (4) an institutional review board established or designated by the Secretary. Defines "medical information" as material that: (1) contains information relating to the health, examination, care, or treatment of a patient, or is to be added to such material under the provisions of this title; and (2) is in a form enabling the patient to be identified. Defines "law enforcement inquiry" as a lawful investigation or official inquiry into a violation or failure to comply with any criminal or civil statute, or related regulation, rule, or order. Defines "medical care facility" as: (1) a hospital or skilled nursing facility; (2) an intermediate care facility certified by a State agency for participation in a program under title XIX of the Social Security Act; (3) an intermediate care facility, outpatient clinic, or ambulatory care facility operated by a Federal Government authority; or (4) an outpatient clinic or ambulatory care facility receiving funds from a Federal Government authority under a grant or contract under the Public Health Service Act, title V of the Social Security Act, the Community Mental Health Centers Act, the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, or the Drug Abuse Office and Treatment Act of 1972, if the clinic or facility is subject to the provisions of this Act. Stipulates that such term does not include any prison facility or any facility located outside the United States. Prohibits any State or local law from authorizing or compelling the disclosure of medical information protected under this Act. Sets forth the rights of incompetents and minors. Part B - Rights of Inspection, Correction, and Notice, and Authorized Disclosure - Requires medical care facilities to permit individuals to inspect and get copies of their medical records. States that the medical care facility may: (1) require a written request for the inspection and copying of such information; (2) not charge an inspection fee; and (3) charge a reasonable copying fee. Requires a medical facility to reply to such an information or copy request within 30 days. States that such a request may not be compiled with if: (1) inspection or copying of the information would, in the medical judgment of the facility, harm the patient; (2) the information concerns mental health treatment and the facility does not permit disclosure of such information without the patient's authorization, or only under compulsion of law; (3) the information concerns mental health treatment of an individual other than a patient; (4) the information is used for administrative purposes; or (5) the information is compiled in connection with a civil suit. Requires a written statement explaining the reasons for any such request denial to be provided by the facility to the patient (or designated representative). Sets forth procedures for a patient to correct or supplement such medical information. Requires a medical care facility to prepare a written notice of information practices describing: (1) disclosures that may be made without a patient's written authorization; and (2) related rights and procedures. Requires a facility to provide such information upon request, and to make reasonable efforts to inform patients of the existence and availability of such information. Prohibits a medical care facility from disclosing medical information: (1) to anyone other than a patient or designated representative, unless so authorized by the patient or otherwise permitted under this Act; and (2) to anyone not properly identified. Sets forth patient disclosure requirements, including: (1) particularity of information, recipient, and facility; and (2) written, dated, and signed (by the patient) authorization. Permits such authorization to be revoked or amended by the patient. Part C - Disclosure of Medical Information Without Specific Information - Authorizes a medical care facility to disclose patient information without authorization: (1) to aid a facility employee in the performance of his/her duties; (2) to a medical professional in connection with the care of a specific patient; (3) for admission and health status purposes; (4) for use in specified health research projects; (5) for purposes of specified audits; (6) to assist in the identification of a dead person; (7) to alleviate emergency circumstances affecting a person's health or safety, or involving imminent danger of aggravated property destruction; (8) pursuant to legal requirements concerning public health, child abuse, law enforcement, court-ordered examinations, or Federal medical facilities; (9) for specified Secret Service and foreign intelligence purposes (with a written certification specifying the information requested); (10) to the next of kin; (11) for specified law enforcement purposes (with a written certification specifying the information requested); (12) pursuant to a subpena, summons, warrant or search warrant; and (13) with regard to certain veterans' or uniformed services' benefits, or other specified Federal medical care facilities or services. States that medical information disclosed without patient authorization to a Federal grand jury shall: (1) be returnable on a date when the grand jury is in session; (2) be used only to decide to issue an indictment or report, or for prosecuting a crime for which such indictment has been issued, or for specified purposes the Federal Rules of Criminal Procedure; and (3) not be maintained by any government authority, other than in the sealed records of the grand jury, unless such information has been used in the prosecution of a crime for which the grand jury issued an indictment or for a specified purpose authorized by the Federal Rules of Criminal Procedure. Part D - Access Procedures, Challenge Rights, and Reporting - Prohibits a governmental authority from obtaining medical information about a person for use in a law enforcement inquiry pursuant to an administrative summons, subpena, or warrant, or a judicial summons or subpena unless: (1) reasonable grounds exist for believing such information to be relevant to the inquiry; (2) a copy of such summons or subpena has been served upon the person (or to his/her last known address), together with notice of such person's right to challenge such summons or notice; and (3) ten days have passed from the date of service, or 14 days from the date of mailing, and no such challenge has been initiated, or disclosure is ordered by a court. Requires a governmental authority that secures medical information about a person from a medical facility pursuant to a search warrant to serve a copy of the warrant upon such person within 45 days. Permits a governmental authority to delay notifying an individual regarding a summons or subpena if a court finds that: (1) the governmental inquiry is lawful; (2) reasonable grounds exist to believe that the medical information is relevant to such inquiry; (3) the government's need outweighs the individual's privacy interest; and (4) reasonable grounds exist to believe that notifying the individual will result in endangering someone's life or safety, flight from prosecution, destruction of evidence, or intimidation of witnesses. Authorizes an individual to challenge a governmental summons or subpena requesting medical information about such individual. Requires a court in weighing a governmental request against a patient's challenge to consider: (1) the purpose for which the medical information was gathered; (2) the degree to which disclosure injures or invades the patient's privacy; (3) the effect of disclosure upon the patient's future treatment; (4) the importance of the governmental inquiry, and the importance of the information to that inquiry; and (5) any other relevant factors. Places the burden on the individual to show that his/her privacy interest outweighs the governmental interest. Authorizes the court to assess attorney and related fees against the Federal authority if the challenging patient prevails. Sets forth access and challenge procedures for obtaining medical information pursuant to an administrative summons subpena, or warrant or a judicial summons, subpena, or search warrant. Requires the Director of the Administrative Office of the United States courts to include in his annual report to Congress information regarding the number of patient challenges and delays of notice sought by the government. Part E - Enforcement - Establishes criminal penalties of: (1) not more than $10,000 and/or six months imprisonment for falsely obtaining or requesting medical information; (2) not more than $30,000 and/or five years imprisonment for falsely obtaining or requesting, and intentionally selling, such information; and (3) not more than $30,000 and/or five years imprisonment for unlawfully taking such information and selling it. Authorizes an individual whose rights have been violated under this Act to maintain a civil suit against a governmental officer or employee, the governmental authority, or the medical care facility or personnel. Provides that United States district courts shall have jurisdiction in such actions. Authorizes in specified circumstances, the awarding of punitive damages and attorney and related fees. Directs the Secretary to publish a model notice of information practices describing the disclosures and rights of patients required to be included in the notices of information practices required by this Act. Title II: Amendment to Title 5, United States Code - Exempts medical information maintained by a medical care facility subject to title I of this Act from certain agency disclosure provisions. Title III: Transition and Effective Dates - States that the provisions of this Act shall: (1) continue to apply to medical information obtained by a medical care facility no longer in operation; and (2) become effective with regard to Federal medical care facilities on the first day of the first calendar quarter beginning more than one year after the date of enactment of this Act.
United States · United States Congress · 13 November 1979
Expresses the sense of Congress that the President should terminate all military training of Iranian personnel pursuant to sales under the Arms Export Control Act.
United States · United States Congress · 9 November 1979
Repeals the provision prohibiting Federal recognition of Virgin Islands' National Guard Officers above the grade of colonel as members of the National Guard.
United States · United States Congress · 25 October 1979
Pay Continuity Act of 1979 - Appropriates the funds necessary to pay the salaries of employees of the executive branch of Government, Members of Congress, and members of the uniformed services during any period when such funds are not available because the legislation making appropriations to the Government entity responsible for paying such individuals has not been enacted.
United States · United States Congress · 25 October 1979
Amends the Vietnam Veterans Memorial Fund, Incorporated, to erect a memorial on public grounds in the District of Columbia in honor and recognition of the men and women of the armed forces who served in the Vietnam war.
United States · United States Congress · 19 October 1979
Title I: Findings, Purposes, and Definitions - Declares that the purpose of this Act is to provide for a coordinated, simplified, and prompt process for obtaining Federal, State, and local approval of nonnuclear energy facilities which are determined to be in the national interest. Title II: Priority Projects - Authorizes the President to establish an Energy Mobilization Board to be composed of members appointed by the President. Sets forth the general duties and powers of such Board, including the subpoena power. Directs the Board to keep the Senate Committee on Energy and Natural Resources and the House Committees on Interior and Insular Affairs and on Interstate and Foreign Commerce fully and currently informed concerning its activities, including the submission of an annual report. Stipulates that projects related to the production of nuclear energy or approved under the Public Utility Regulatory Policies of 1978 be excluded from coverage under this Act. Directs the Board to designate Priority Energy Projects and to publish a Project Decision Schedule containing deadlines for all Federal actions relating to such projects. Directs the Board to provide the appropriate committees with a copy of such designation orders. Sets forth the criteria the Board must consider in making such designations, including: (1) the extent to which the energy project would reduce the Nation's dependence upon nonrenewable resources; (2) the magnitude of any economic and social impacts and costs associated with the project in relation to the impacts and costs of alternatives; (3) the extent to which the project would make use of renewable energy resources, or conserve energy; (4) the extent to which the project would contribute to the development of new production or conservation technologies and techniques; (5) adverse impacts on the environment and on competition; and other specified criteria. Directs the Board to notify the Governor of each State in which any portion of a project designated as a Priority Energy Project is proposed to be located. Permits such Governor to appoint a non-voting Member to the Board to participate in decisions concerning such project, including the Project Decision Schedule. Exempts priority energy project designations or refusals to make a designation, promulgation or revision of Project Decision Schedules, and Board actions relating to streamlining of procedures, from the impact statement requirements of the National Environmental Policy Act of 1969 (NEPA). Directs the Council on Environmental Quality to determine whether any Federal action relating to a Priority Energy Project, after it has been so designated and prior to establishing the Project Schedule, will be a "major Federal action" for purposes of compliance with the National Environmental Policy Act (NEPA). Requires the Council to designate a lead agency to assure compliance with NEPA whenever a major Federal action is involved. Authorizes the Board to require that one environmental impact statement be prepared and that such statement be used by all Federal agencies to satisfy NEPA with respect to such projects. Authorizes the Board to extend the time for certain deadlines. Requires each agency having authority to make any agency decision with respect to any part of a project designated as a Priority Energy Project to transmit to the Board: (1) a compilation of all significant actions required to be taken by such agency and by the applicant before such decision can be made and a summary of procedural requirements applicable to such actions; (2) a tentative schedule for completing such actions and making such decisions; and (3) a statement of administrative requirements to take such actions. Directs the Board to publish a Project Decision Schedule within 45 days of the transmittal of agency information. Stipulates that such schedule: (1) identify the order in which decisions which must be made by each agency are to be made; (2) identify the deadlines applicable to such decisions; (3) be consistent with the tentative schedules transmitted to the Board, unless the Board determines a different schedule is essential to expedite and coordinate agency review; and (4) be binding on the agency and on all other persons to which the Schedule applies. Permits the Board to modify any schedule applicable to any agency's decision or action subject to the Project Decision Schedule upon petition of such agency where the agency determines such modification will facilitate agency compliance with the Schedule. Permits affected agencies to consolidate proceedings related to actions and decisions subject to the Project Decision Schedule, if such streamlined procedures provide for effective participation by interested parties in such decisionmaking. Directs the Board to monitor compliance with the Schedule by all affected agencies and persons. Permits the Board to take such actions as it deems appropriate to bring any person or agency responsible for a project delay into compliance with the Schedule. Directs the Board, when any person responsible for filing or taking any other action on behalf of a Project refuses to take such action, to either revise such Project Decision Schedule or revoke the Priority Energy Project designation. Stipulates that, unless otherwise provided for, the other statutory obligations and authority of any independent regulatory agency remain unaffected by this Act. Authorizes the Board to bring an expedited enforcement action against any agency failing to or reasonably likely to fail to comply with a Project Decision Schedule in the appropriate United States district court. Directs such court to issue specified orders requiring compliance with such Schedule and to take any necessary measures, including citation and punishment of the responsible officials for contempt of court, for failure to meet any court-imposed deadlines. Authorizes the President to perform any action or make any decision required of an agency by court order in the event such agency fails to perform such action or make such decision. Authorizes the Board to order the temporary suspension of the application of any requirement of Federal, State, or local law enacted or promulgated after the commencement of construction of any facility which is part of a Priority Project where it is determined that such requirement could prevent timely completion or operation of such facility and that such temporary suspension would not create any significant public health or safety risks. Sets forth time limits on such suspension orders and exempts specified requirements from being suspended. Stipulates that nothing in this Act shall expand or confer on the United States any right to acquire water rights nor alter any provisions of State law or interstate compact governing water use. States that Board action granting or denying designation orders or suspending Federal, State, or local requirements of law shall be subject to judicial review only for failure to comply with this Act or for constitutional violations. Provides for judicial review of other Board actions as specified. Requires that any reviewing court expedite and consolidate such review to the maximum extent practicable. Requires that any party seeking Supreme Court review of any judgment or order of a circuit court of appeals pursuant to this Act must file a petition for a writ of certiorari within 60 days of the decision of the lower court or such appeal shall be barred. Sets a 60-day time limit for the promulgation of regulations for carrying out this Act. Terminates the Board's authority seven years after the date of enactment of this Act. Directs the Board to prepare and submit to the President and the Congress a comprehensive report of its activities during such period. Directs the Comptroller General of the United States to submit to the Congress a report evaluating the performance of the Board and setting forth findings and recommendations with respect to the program authorized under this Act. Authorizes appropriations for fiscal year 1980 and succeeding fiscal years to carry out this Act.
United States · United States Congress · 18 October 1979
Federal Employee Occupational Safety and Health Act of 1979 - Applies specified standards of the Occupational Safety and Health Act of 1970 to the Federal workplace of employees of Executive agencies, the Postal Rate Commission and the United States Postal Service (but not the Office of Personnel Management). Requires each agency to: (1) furnish its employees employment and a place of employment which are free from recognized hazards; and (2) comply with safety and health standards. Requires employees to comply with standards and with specified rules, regulations, and orders. Authorizes the Office of Personnel Management to conduct inspections, investigations, and recordkeeping relating to Federal employee occupational safety and health. Permits employees or their representatives to request such inspections in specified cases. Directs the Office to issue citations to the head of any agency in violation of any requirement, standard, order, rule, or regulation under this Act. Provides for an enforcement procedure, including, in specified cases, hearings before the Occupational Safety and Health Review Commission. Provides for review of any Commission order in a U.S. court of appeals upon request of the head of any agency or any employee adversely affected by such order. Permits the Office to obtain review or enforcement of any final order of the Commission in a U.S. court of appeals. Prohibits any agency from discharging or discriminating against any employee because such employee has: (1) filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act; (2) testified or is about to testify in any such proceeding; or (3) exercised any right afforded by this Act on behalf of anyone. Permits employees who believe they have been so discharged or otherwise discriminated against to file complaints with the Special Counsel. Directs the Special Counsel to undertake an appropriate investigation and to file a complaint with the Merit Systems Protection Board if a violation has occurred. Authorizes the Board to restrain such violations for cause shown and to order all appropriate relief. Authorizes the Office to order any agency to restrain any conditions or practices constituting a danger immediately or before that danger can be eliminated through other enforcement procedures. Declares that any such orders which prohibit the employment or presence of any individual in locations in which imminent danger exists shall not apply to specified individuals, including those whose presence is necessary to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operations. Directs inspectors, as soon as they conclude that such an imminent danger exists, to inform the affected employees and agency. Permits employees, or their representatives, to bring actions against the United States in district courts to compel the Office to issue such orders and for appropriate further relief. Authorizes attorneys designated by the Director of the Office of Personnel Management to represent the Office in civil litigation under this Act, subject to the direction and control of the Attorney General. Authorizes the Office to allow reasonable variations and exemptions from provisions of this Act to avoid serious impairment of the national defense. Provides for civil or criminal penalties for specified violations of this Act. Authorizes the Commission to assess all such civil penalties. Authorizes the Office to conduct short-term training of personnel in work related to responsibilities under this Act. Directs the Office, in consultation with the Secretary of Health and Human Services, to: (1) provide for education of heads of agencies and employees in the recognition, avoidance, and prevention of unsafe or unhealthful working conditions; and (2) consult with and advise heads of agencies and employees, and their representative organizations, as to effective means of preventing occupational injuries and illnesses. Authorizes the head of each agency to establish a health service program for employees. Directs that the Secretary of Health and Human Services offer mandatory consultation before, and requested reviews after, such programs are established. Directs the Secretary of Labor, in consultation with the Director, Office of Personnel Management, to carry out a safety program covering specified maritime employees under the Longshoremen's and Harbor Workers' Compensation Act. Authorizes the President to establish a safety council of labor organization representatives and employing agencies to advise the Secretary of Labor concerning such program. Directs the head of each agency with such employees to develop an organized safety promotion, to keep specified records, and make reports to the Secretary of Labor. Makes funds available for the purchase and maintenance of special protective clothing and equipment from appropriations for supplies, materials, or equipment procurement. Directs the Office, in consultation with the Secretary of Health and Human Services, to compile and analyze occupational safety and health statistics for Federal agencies. Authorizes the Office to make contracts and matching grants for such statistical research and to cooperate with States in such efforts. Directs the Office to make annual reports to Congress concerning Federal employee occupational safety and health. Requires the Director of the Office of Personnel Management to: (1) establish and maintain a comprehensive occupational safety and health program applicable to the Office consistent with specified standards of the Occupational Safety and Health Act of 1970; (2) provide employment conditions consistent with such standards; (3) require the use of protective equipment; (4) keep records of occupational accidents and illnesses; and (5) consult with and report annually to the Secretary of Labor concerning such records and program. Directs the Secretary of Labor to transmit such annual report to the President. Directs the President to transmit an annual report of such activities of the Office. Authorizes the Office to prescribe regulations concerning Federal employee occupational safety and health. Repeals specified provisions of the Occupational Safety and Health Act of 1970 relating to programs of Federal agencies.
United States · United States Congress · 18 October 1979
Expresses the sense of Congress that no U.S. company doing business in South Africa should not: (1) engage in unfair employment practices; (2) deny its employees the right to choose a representative organization; (3) maintain segregated facilities; or (4) pay unequal compensation for equal work. Expresses the sense of Congress that U.S. companies doing business in South Africa should: (1) recognize unions and permit collective bargaining; (2) train nonwhites for supervisory, administrative, and skilled jobs; and (3) try to improve housing, transportation, and health facilities for their nonwhite employees.
United States · United States Congress · 17 October 1979
Disapproves and invalidates the final rule of the Department of Housing and Urban Development entitled "Section 8 Housing Assistance Payments Program for New Construction. Directs the Secretary of Housing and Urban Development to carry out a further revision of such rule by providing extended public participation and further evaluation and consideration for potentially adverse impact. Directs the Secretary to report to the Congress, not later than 90 days after the approval of this resolution by the President, the results and findings of public participation along with proposed revisions to the final rule.
United States · United States Congress · 16 October 1979
Long-Term Care Residents' Rights Act - Declares as the policy of the United States that each resident in a long-term care facility has specified basic rights, such as the right to participate in decision-making regarding his or her medical treatment to the maximum extent possible, and the right to confidential treatment of personal and medical records. Requires that each long-term care facility which participates in a health care program, receives Federal assistance, or is certified for participation in a Federal or State health care financing program secure to each resident such basic rights by meeting specified obligations, including the following: (1) establishing written policies regarding residents' rights and procedures for implementing such policies; (2) informing residents of their rights and of any changes in the policies and procedures of the facility at least 30 days before any such change becomes effective; (3) informing residents of the services and charges of the facility; (4) giving 30-day notice to a resident who is to be involuntarily transferred or discharged from the facility; (5) assisting each resident to exercise his or her rights as a resident and citizen, including filing complaints and voicing grievances; (6) protecting each resident from mental and physical abuse; and (7) permitting residents who are husband and wife to share the same room if they so choose. Prohibits any such facility from: (1) denying admission to or terminating the stay of any resident because of the source of third-party payment; or (2) interfering with the right of any resident to receive primary health care services from sources other than the facility. Amends the Older Americans Act of 1965 to require the long-term care ombudsman program to investigate and resolve complaints made by or on behalf of a resident of a long-term care facility regarding alleged violations of rights secured by this Act. Grants to any individual whose rights under this Act have been violated a cause of action against the facility for damages and other relief in a United States district court without regard to the amount in controversy or exhaustion of remedies. Stipulates that the provisions of this Act shall not apply to any facility: (1) for the mentally ill; (2) owned and operated by the Federal Government or; (3) affiliated with a correctional institution.
United States · United States Congress · 16 October 1979
Calls upon the President, with respect to Chile, to: (1) recall the U.S. Ambassador to Chile; (2) apply statutes limiting assistance to countries with terrorist governments or countries harboring terrorists; (3) prohibit deliveries of defense articles or services; (4) recall all military personnel; (5) prohibit the issuance of U.S. visas to Chilean military or intelligence personnel; (6) prohibit credits or loan guarantees to be granted by the Export-Import Bank; (7) prohibit the granting of export licenses; (8) order the immediate suspension of private bank loans; and (9) demand that Chilean rights be fully restored.
United States · United States Congress · 11 October 1979
Authorizes the President, on behalf of the Congress, to present a gold medal of appropriate design to Simon Wiesenthal in recognition of his contribution to international justice through the documentation and location of war criminals from World War II. Authorizes the Secretary of the Treasury to strike bronze duplicates of such medal for sale to the public.
United States · United States Congress · 9 October 1979
Amends the Internal Revenue Code to repeal the requirement that States reduce the amount of unemployment compensation payable for any week by the amount of any pension, retirement pay, annuity, or other similar benefits received by an individual. Applies such repeal to certifications of States for 1980 and subsequent years. Amends the Federal-State Extended Unemployment Compensation Act of 1970 to require a State law to extend an individual's period of eligibility for extended compensation benefits to any week beginning within two years after the last day of such individual's benefit year. Makes such requirement effective as of January 1, 1982.
United States · United States Congress · 28 September 1979
Commission on Wartime Relocation and Internment of Civilians Act - Establishes the Commission on Wartime Relocation and Internment of Civilians to: (1) determine whether a wrong was committed against American citizens and permanent resident aliens who were subjected to relocation or internment as a result of Executive Order Numbered 9066 and other associated Government acts; and (2) recommend appropriate remedies. Directs the Commission: (1) to hold public hearings in specified cities; and (2) within 18 months after enactment of this Act, to submit a final report of its findings and recommendations to Congress and the President. Terminates the Commission six months after such report is submitted.
United States · United States Congress · 28 September 1979
Independent Contractor Tax Act of 1979 - Amends the Internal Revenue Code to specify standards for determining whether certain individuals qualify as independent contractors for purposes of social security taxation. Treats an individual as an independent contractor if such individual: (1) controls the total number and scheduling of his work hours; (2) pays fair rental value for business premises at which he performs more than one half of his services; (3) earns income based upon sales or output rather than upon number of hours worked, or as a result of business investments (other than in vehicles, tools, samples, etc.) which enable him to perform services for which he is remunerated; and (4) performs services pursuant to a prior written contract which specifies that the individual performing services is not an employee for purposes of social security and unemployment taxation and which provides written notice to such individual of his responsibility with respect to payment of income and self-employment taxes. Requires the recipient of services performed by an individual claiming independent contractor status to file returns disclosing payments made to such individual. Provides that the criteria established by this Act shall not be applicable to certain employees (i.e. agent-drivers, commission-drivers, full-time life insurance salesmen, home workers, and traveling or city salesmen) who are statutorily designated as employees for purposes of social security taxation. Provides that the failure of an individual claiming independent contractor status to meet the criteria established by this Act shall not create an inference that such an individual is an employee or that the recipient of his services is an employer. Limits the applicability of the criteria established by this Act to questions of employment status arising under the Federal Insurance Contributions Act, the Federal Unemployment Tax Act, self-employment tax provisions, and withholding requirements under the Internal Revenue Code. Requires recipients of services performed by an independent contractor to file an information return with respect to payments made for such services in excess of $600 for the taxable year. Requires businessmen who make direct sales of consumer goods to individuals for resale on a buy-sell basis or a deposit-commission basis to file information returns for sales in excess of $3,000. Requires individuals who file such information returns to furnish written statements to persons with respect to whom such information is reported which indicate the amount of payment reported. Provides penalties for failure to furnish information returns or statements. Requires recipients of services performed by an independent contractor to withhold ten percent of the payment made for such services. Sets forth exceptions to such withholding requirement. Provides a penalty for failure to comply with withholding requirements.
![Official portrait of Rep. Rangel, Charles B. [D-NY-15]](https://www.congress.gov/img/member/r000053_200.jpg)