United States · United States Congress · 11 February 1980
Rescinds, pursuant to the Impoundment Control Act of 1974, budget authority contained in the message of the President of January 28, 1980 (H. Doc. 96-259) for health resources under the Health Resources Administration.
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 · 7 February 1980
Reye's Syndrome Act of 1979 - Amends title IX of the Public Health Service Act (Genetic Diseases, Hemophilia Programs, and Sudden Infant Death Syndrome) to authorize the Secretary of Health, Education, and Welfare to establish, through the National Institute of Neurological, Communicative Disorders, and Stroke, the Reye's Syndrome Coordinating Committee to make grants to and enter into contracts with public and nonprofit private entities for a three-year project to establish two comprehensive Reye's syndrome diagnostic and treatment centers. Includes among the duties of such centers: (1) the conduct of basic and clinical research; (2) the development of new and improved treatments; (3) the provision of physician training programs; and (4) informational services, with respect to the detection, diagnosis, and treatment of Reye's syndrome. Directs the Secretary to submit a report to Congress within six months of the end of the project with respect to its accomplishments. Authorizes the Committee to provide financial assistance to public agencies, nonprofit private entities, and entities and individuals not associated with the centers, to conduct research on Reye's syndrome.
United States · United States Congress · 5 February 1980
Small Business Equal Access to Justice Act - Title I: Small Business Administration Office of Advocacy - Amends title II of the Small Business Investment Act (Study of Small Business) to direct the Office of Advocacy within the Small Business Administration to assist the Attorney General, Federal agencies, and the Chairman of the Administrative Conference to facilitate relief afforded to small businesses under such Act. Requires the Chief Counsel for Advocacy to submit biennial reports to the President and Congress on awards made to small businesses under such Act. Title II: Small Business Equal Access to Justice - Excludes from the definition of "party" for purposes of this Act: (1) an individual whose net worth exceeds $1,000,000; and (2) any partnership, corporation, association, organization, or sole owner of an unincorporated business whose net worth exceeds $5,000,000, but includes an agricultural cooperative, as defined in the Agricultural Marketing Act, regardless of its net worth. Entitles a prevailing party (other than the United States) to be awarded fees and other expenses, including attorney fees, which were incurred by such party in: (1) an administrative adjudication (excluding ratemaking and license application hearings, but including such actions as suspension or modification of a license); or (2) in any civil action, other than a tort, brought by or against the United States, unless the agency conducting such adjudication, or the court having jurisdiction of such action, finds that the position of the agency or the United States was substantially justified or that special circumstances make an award unjust. Allows the agency or the court to reduce any such award to the extent that the prevailing party unduly and unreasonably protracted the final resolution of the matter in controversy. Stipulates that such awards in administrative adjudication shall be paid by the particular agency over which the party prevails, but prohibits authorization of appropriations to such agency for the specific purpose of such payments. Authorizes a party dissatisfied with such award in an administrative adjudication to petition for leave to appeal the decision in an appropriate Federal court. Authorizes a court to award reasonable attorney fees to the prevailing party in any civil action brought by or against the United States or any agency, including the Post Office, or official of the United States acting in an official capacity, where the court may award such fees in such suits involving private parties (thus applying to Government litigation the common law and statutory exceptions to the "American rule" which requires parties to be responsible for their own attorney fees). Directs the Administrative Conference of the United States and the Administrative Office of the United States Courts to report annually on the amount of fees and expenses awarded during the preceding fiscal year in such agency adjudications and civil actions. Makes this Act applicable to any civil action pending on, or commencing after, the date of enactment, except for civil tax actions, which shall be subject to this Act six months after enactment. Directs the Office of the Chairman of the Administrative Conference of the United States and Director of the Administrative Office of the United States Courts to provide to the Small Business Office of Advocacy the information required to be collected in title I of this Act.
United States · United States Congress · 5 February 1980
Provides that Government life insurance shall be paid in accordance with any election of the insured. Stipulates that if at the time of death no such election has been made, the Administrator of Veterans' Affairs shall notify the beneficiary who shall elect whether to receive payment in a lump sum or in installments. Directs the Administrator to notify all insured individuals have not made such election concerning the effect of this Act.
United States · United States Congress · 4 February 1980
Amends the Internal Revenue Code to provide that the income tax deduction for charitable contributions to private foundations shall be the same as the deduction allowed for contributions to public charities (50 percent of taxpayer adjusted gross income). Eliminates distinctions between public charities and private foundations for purposes of the tax deduction for charitable contributions. Exempts grants made to charitable organizations by a private foundation from the excise tax penalties on private foundation taxable expenditures, if the foundation making the grant has not made grants to the organization in excess of $15,000 during the calendar year. Permits the abatement of excise tax penalties imposed on private foundations if the Secretary of the Treasury determines that the activity giving rise to the tax penalty was due to reasonable cause and not to intentional disregard of rules and regulations, and was corrected within the specified time period for corrections. Redefines "members of family" for purposes of identifying disqualified persons under the private foundation self- dealing rules, to include the individual's spouse, ancestors, and children, and the spouses of the individual's children. Limits the amount of private foundation income which is required to be distributed for a taxable year to the amount of the minimum investment return, as defined under the private foundation excise tax penalty rules, (currently, the greater of minimum investment return or adjusted net income). Classifies expenses for the production of gross investment income or for the management of investment property as qualifying distributions for purposes of requirements relating to the distribution of private foundation distributable income. Excludes capital gain income from the computation of net investment income for purposes of computing the two percent tax on the investment income of private foundations.
United States · United States Congress · 29 January 1980
Expresses the sense of the House of Representatives that athletic games should be held in the United States for U.S. and foreign athletes, if the United States does not participate in the 1980 summer Olympic games.
United States · United States Congress · 28 January 1980
Urges the President to prohibit the exportation of fertilizer from the United States to the Soviet Union, until Soviet troops are 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 · 20 December 1979
Provides for an exemption from the windfall profits tax for independent oil producers for an amount equal to 1,000 barrels of crude oil multiplied by the number of days in the taxable period.
United States · United States Congress · 20 December 1979
Amends the Internal Revenue Code to reduce the tax effect known as the marriage penalty by permitting the deduction, without regard to whether deductions are itemized, of ten percent of the earned income of the spouse whose earned income is lower than that of the other spouse. Limits such tax deduction to $1,000.
United States · United States Congress · 19 December 1979
Veterans Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standard currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. Stipulates that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the size of the Board of Veterans' Appeals from 50 to 65 members. Requires the Chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board: (1) to provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; (2) provide the claimant with an opportunity for a hearing; and (3) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreements with respect to a material issue in a veterans' appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimants' right to examine and obtain a copy of such record; and (6) the exclusivity of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of procedural rights and procedures. Directs the Administrator to conduct a study of two alternate claims resolution methods, one a new intermediate-level adjudication process, the other an enhanced schedule of formal Appeals Board hearings. Title II: Veterans' Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States, with regard to jurisdiction: (1) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (2) that in cases not directly involving a claim for benefits a civil action otherwise authorized by law shall not be precluded; (3) the definition of final decision; (4) that the judicial review procedures established under this Act shall not apply to insurance and home loans; (5) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; and (6) that the court render a decision on the pleadings. States, with regard to the reviewing court's scope of review, that such court: (1) decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, such court may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits' awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before court, as provided for under this Act. Stipulates that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. Establishes procedures for the review of the VA's or a court's approval of attorneys' fees. States that in the case of a benefits claim resolved before the VA, either the claimant or the attorney may challenge the award in the Federal district court in which the claimant resides or has his principal place of business within 30 days after notice of the attorneys' award. States that in the case of such a claim resolved in court, either the claimant or the attorney may challenge the award in such court within 30 days after such award. Provides that all parties be given notice. Stipulates that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - States that this Act shall become effective 180 days after enactment. Permits review of Board of Veterans' Appeals rendered on or after January 1, 1977, and prior to the effective date of this Act.
United States · United States Congress · 19 December 1979
Medicaid Community Care Act of 1980 - Authorizes a State with a plan approved under title XIX (Medicaid) of the Social Security Act to apply to the Secretary of Health and Human Services (formerly, the Secretary of Health, Education, and Welfare) to have Federal payments for home health care services, nursing services, home health aid services, medical equipment for use in the home, physical therapy, occupational therapy, speech pathology services, endiology services, adult day health services, respite care, short-term full-term nursing care, homemaker services, and nutrition counseling made at a higher rate the the rate for other care and services provided under the State plan. Specifies that the Federal medical assistance percentage for such services and the comprehensive assessments provided for in this Act shall be the lesser of: (1) the Federal medical assistance percentage determined under title XIX plus 25 percent; or (2) 90 percent of the cost of such services and assessments. Requires an application to be accompanied by a community care plan which: (1) provides for a comprehensive assessment of each individual eligible or applying for Medicaid who is likely to need long-term skilled nursing facility or intermediate care facility services; (2) makes available, under title XIX, the care and services for which the higher Federal payment may be made to individuals determined pursuant to a comprehensive assessment to be in need of long-term facility services and for whom such assistance is a feasible alternative to long-term facility services; and (3) coordinates the services provided under this Act with similar services provided under the Older Americans Act of 1965, and under titles XVIII (Medicare) and XX (Grants to States for Services) of the Social Security Act. Requires the Secretary to report to Congress with respect to the program established under this Act. Permits a State, for the purposes of title XIX, to treat a noninstitutionalized individual the same as an individual who is in a long-term care facility if the noninstitutionalized individual meets the income and resources standards for long-term facility residents and has been determined, pursuant to an assessment under this Act, to need long-term facility services.
United States · United States Congress · 19 December 1979
Amends the Internal Revenue Code to provide that the Internal Revenue Service shall send a notification of responsibility for Federal income taxes in lieu of tax return forms to individuals electing not to receive such forms.
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 · 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
Amends the Internal Revenue Code to allow taxpayers an income tax credit for all ordinary and necessary expenses which such taxpayers incur in connection with an audit or a final judicial determination of their tax liability, if such audit or determination establishes that there is no tax deficiency. Disallows an income tax deduction for any audit expenses for which a credit is claimed under the provisions of this Act.
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
Retirement Income Incentives and Administrative Simplification Act of 1979 - Sets forth the findings and policies of this Act, including: (1) the consolidation in a single independent agency of certain administrative, regulatory, and policymaking functions relating to employee benefit plans; (2) the establishment of a national policy to encourage savings to meet the needs of employees and their families in the event of death, disability, or retirement; and (3) the clarification and simplification of certain provisions of the Employee Retirement Income Security Act of 1974 and of the Internal Revenue Code relating to employee benefit plans. Title I: Employee Benefit Administration - Amends the Employee Retirement Income Security Act (ERISA) to direct the President to establish by the beginning of the third calendar year after enactment the Employee Benefit Administration as an independent agency within the executive branch to be headed by a five member Board of Directors. Creates two new positions, entitled "special liaison officer to the Administration," one within the Department of Labor and one within the Department of the Treasury, to serve as directors. Provides that the remaining three directors shall be an Executive Director and two additional members appointed by the President. Transfers to the Administration the authority of the Secretary of Labor granted under ERISA, and functions of the Secretary of the Treasury relating to employee benefit plans. Directs the President to transfer to the Administration additional functions of any Federal agency which is necessary to effectuate the maximum feasible consolidation of administrative and related functions of the Government relating to employee benefit plans. Retains the Pension Benefit Guaranty Corporation within the Administration. Directs the Administration to promulgate regulations providing for the maximum consolidation of all reports respecting employee benefit plans and governmental plans required under ERISA and the Internal Revenue Code. Title II: Deduction by Certain Employees and Their Spouses for Contributions to Retirement Plans - Amends the Internal Revenue Code to permit employees participating in employer pension plans an income tax deduction for contributions to an individual retirement account. Establishes the amount of such deduction at the lesser of 15 percent of an employees' taxable compensation or $1,000. Permits such employees to apportion one-half of the total deductible amount to individual retirement accounts established for the benefit of such employees' spouses. Title III: Amendments to the Employee Retirement Income Security Act of 1974 - Amends the Employee Retirement Income Security Act to direct the Secretary of Labor to prescribe rules applicable to one or more categories under which severance pay arrangements and supplemental retirement income arrangements shall be considered to be welfare plans instead of pension plans. Specifies supplemental retirement income arrangements which are to be considered welfare plans. Authorizes the Secretary to exempt any severance pay or supplemental income arrangement from provisions applicable to welfare plans and to provide alternative methods of compliance with any such provision. Conforms the definitions of "part in interest" and "governmental plan" with the Internal Revenue Code. Revises the definitions of "normal retirement age" and "relative". Requires, rather than allows, accountants to rely on the correctness of any actuarial matter certified by an enrolled actuary. Requires, rather than allows, an enrolled actuary to rely on the correctness of accounting matters to which a qualified public accountant has expressed an opinion for purposes of certification. Allows a pension plan which is held in a trust consisting of the assets of two or more participating plans which are maintained by a single employer or two or more employers all of whom are members of the same controlled group, to elect to include as part of its annual report certain information relating to all of the assets of the trust in lieu of the information currently required respecting the assets of the plan. Modifies the current requirement that a plan administrator furnish to a participant or beneficiary a copy of certain financial statements to direct such administrator to post such statements at the principal work sites of employee participants, along with a statement of the right of employee participants to receive copies of the latest annual report and summary plan description. Directs the Secretary to provide for alternative means by which such information may be adequately communicated to employee participants. Sets a $10 limit on the amount an administrator can charge for a copy of the full annual report. Specifies notice requirements which the Secretary of the Treasury, before issuing an advance determination of whether a pension or other type plan meets the requirements of a qualified plan under the Internal Revenue Code, shall require the person applying for the determination to provide. Allows such applicant to establish to the Secretary that the employees have been adequately notified of the filing of the request for such a determination by other satisfactory means. Revises the information which each administrator of an employee benefit plan must furnish to any plan participant or beneficiary who so requests in writing. Requires in the case of individual account plans that the balance in the account be furnished. Directs each administrator to issue a report informing each plan participant of the nature, amount, and form of the deferred vested benefit to which he is entitled if such participant: (1) separated from the service covered by the plan if such separation resulted in a one-year break in service; (2) is entitled to a deferred vested benefit; and (3) with respect to whom retirement benefits are not paid during the particular plan year and are not scheduled for payment before the end of the 180-day period following the plan year. Requires each employer to maintain records with respect to each of the employees sufficient to determine the benefits which are due, or which may become due, to such employee. Requires pension report information to be provided in computer-compatible form to the public only after a statement has been filed with the Secretary by the person receiving the information which provides that the information will not be used for commercial purposes. Requires, rather than allows, the Secretary to prescribe an alternative method for satisfying certain reporting requirements, under specified circumstances. Sets forth additional alternative methods of compliance with certain reporting requirements. Specifies circumstances in which the administrator of any multiemployer plan shall be considered to have satisfied certain reporting requirements. Revises certain participation and vesting provisions. Permits the determination of pension plan eligibility on a plan-year basis. Allows multiemployer plans to suspend the payment of benefits while an employee is reemployed in the same industry, trade, or craft, and the same geographic area covered by the plan, as when such benefits commenced. Stipulates that the employee notification and election requirement (triggered when vesting schedules are changed), is only applicable to employees who might be adversely affected by the change. Makes 125 days of service in any maritime industry equivalent to 1,000 hours of service. Allows a multiemployer plan to provide that a participant's accrued benefit upon his separation from the service is the sum of the different rates of benefit accrual for different periods of participation as defined by one or more fixed calendar dates or by employment in different bargaining units. Permits the accrued benefit to be determined, for purposes of the three-percent accrual method or the fractional method, by projecting the normal retirement benefit to which a participant would be entitled if he continued to accrue benefits at the average of the rates applicable to this period of actual participation. Provides that a plan offering optional benefit forms shall not be treated as altering a participant's accrued benefits by reason of a change in the actuarial assumptions used to compute such benefits if an enrolled actuary makes an appropriate certification. Defines "seasonal establishment" and "seasonal employee" for the purposes of ERISA. Requires plans in which a majority of employees are seasonal employees to use 500 hours, rather than 1000 hours, for purposes of defining a year of service. Makes certain revisions with respect to joint and survivor annuities. Specifies the circumstances in which pension benefits may be paid to another person pursuant to a State court decree of divorce, annulment, legal separation, or family support. Prescribes certain notification requirements with respect to any such payment. Directs the Secretary to prescribe by regulation methods of determining length of service by an elapsed time measurement. Makes certain revisions with respect to funding, including a requirement that changes in funding method or plan year need be approved only when such changes are made more than once in a three-year period. Makes certain revisions with respect to fiduciary responsibilities. Provides, with respect to a plan funded by a contract or policy of insurance, that the assets of the plan shall include such contract or policy, but shall not include the insurer's general account assets. Allows a collectively bargained plan maintained by more than one employer to return an employer contribution within one year after the plan administrator knows that the contribution was made by mistake of fact or violated the Labor-Management Relations Act ( currently, such contribution must be returned within one year of the payment). Amends the cofiduciary provision to stipulate that, with respect to a fiduciary who is not a natural person, "knowledge" means knowledge actually communicated to an officer or employee of the fiduciary. Stipulates, with respect to qualifying employer real property, that the current requirement that the parcels be dispersed geographically must be met only when three or more parcels are involved. Conforms certain provisions relating to transactions by parties in interest with provisions of the Internal Revenue Code. Makes the exemption procedure relating to prohibited transactions available to persons who are "owner-employees". Establishes a special exemption procedure with respect to certain currently prohibited transactions, by which certain pending exemption applications shall be considered to have been granted where a fiduciary or class of fiduciaries satisfy specified requirements. Makes certain revisions with respect to the indemnification of fiduciaries, including allowing a multiemployer plan to pay the cost of defending plan trustees in certain circumstances and to indemnify them subject to a determination that the trustees acted in good faith. Provides that amounts collected by the Department of Labor from persons requesting information shall inure to the Department. Requires that at least one member of the Advisory Council on Employee Welfare and Pension Benefit Plans be a representative of employers maintaining small plans. Directs the Secretary of Labor to publish at least annually a report showing the number of plans and plan participants, plan assets, and other plan information by type and size. Provides that a State insurance law which requires that a specific benefit be provided by a contract or policy of insurance issued to an employee benefit plan is preempted by ERISA. Limits, in the case in which two or more plans covered under title IV of ERISA are terminated simultaneously be any employer, such employer's liability to 30 percent of net worth. Provides that the amount of such liability shall be reduced by the amount of any payments relating to a previously incurred liability. Directs the Secretary of Labor and the Secretary of the Treasury to conduct jointly a detailed study of: (1) the reporting requirements of ERISA and an analysis of means to improve such requirements to reduce the administrative burdens on employee benefit plans; and (2) means by which certain institutions, such as registered investment advisors, banks, savings and loan associations, and insurance companies, may be enabled to develop master and prototype pension plans for adoption by employers. Title IV: Amendments to the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to conform such Code to the amendments made to ERISA by title III of this Act. Provides that employee participation in a predecessor employer pension plan or other plans of related employers is to be counted toward the eligibility requirements for capital gains treatment and the ten year averaging of lump sum distributions from such plans. Specifies that multiemployer plans established by tax-exempt charitable, labor, agricultural, or horticultural organizations shall be classified as single defined benefit and contribution plans for purposes of the capital gains treatment and ten year averaging of lump sum distributions from such plans. Provides that a separation from service will be deemed to have occurred for purposes of determining eligibility for capital gains tax treatment of lump sum distribution from a multiemployer plan if any employee has not worked in service covered by such a plan for a period of six consecutive months. Permits a taxpayer to roll over a complete distribution from a money purchase plan or report income from such distribution according to the ten year income averaging rules, even if there is no similar distribution from another pension plan of the same employer in which the taxpayer is a participant. Provides for the deductibility of employer contributions to plans which are maintained outside the United States primarily for the benefit of nonresident aliens. Title V: Individual Retirement Payroll Deduction Plans for Employees Not Covered by Pension Plans - Amends ERISA by adding a new title V, "Individual Retirement Payroll Deduction Plans for Employees Not Covered by Pension Plans." Requires a covered employer to have in effect an individual retirement payroll deduction plan for eligible employees. Excludes from such requirement: (1) an employer having fewer than ten eligible employees; and (2) an employer who has conducted a referendum of eligible employees and the number of such employees wanting such a plan is less than the greater of ten or ten percent of the number of eligible employees. Establishes civil penalties for covered employers who fail to deduct an amount from the wages of an eligible employee in accordance with an election under an individual retirement payroll deduction plan. Charges the Employee Benefit Administration with the administration of such plans.
United States · United States Congress · 5 December 1979
Condemns the use of lethal chemical agents against the Hmong tribespeople in Laos. 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 · 4 December 1979
Requires each one-dollar, two-dollar, five-dollar, ten-dollar, and twenty-dollar bill to be trimmed in a manner which will enable the blind to determine its denomination.
United States · United States Congress · 29 November 1979
Federal Agency Responsiveness Act of 1979 - States that, in a review by a court of an action of a Federal agency, there shall be no presumption that any rule or regulation of any agency is valid. Prohibits the courts of the United States and State courts from upholding the validity of a challenged rule or regulation unless such validity is established by a preponderance of the evidence shown. Provides that if any rule or regulation is set up as a defense to any criminal prosecution or action for civil penalty, such rule or regulation shall be presumed valid until the party initiating the criminal prosecution or action for civil penalty shall have sustained the burden of proof normally applicable in such actions.
United States · United States Congress · 16 November 1979
Amends the Administrative Procedure Act to require Federal agencies to provide general notice of, and an opportunity for public participation in, rulemaking proceedings concerning public property, loans, grants, benefits, or contracts.
United States · United States Congress · 15 November 1979
Amends the Comprehensive Employment and Training Act to prohibit a prime sponsor from paying more than the average entry level wage for all employment positions (with specified exceptions) with such prime sponsor to public service jobholders as average federally supported wages. Requires a prime sponsor to submit to the Secretary of Labor the methods and, upon request, the data used in the computation of such average entry level wage.
United States · United States Congress · 14 November 1979
Wind Energy Systems Research, Development, and Demonstration Act of 1979 - Declares it to be the policy of the United States and the purpose of this Act to establish a research, development, and demonstration program for converting wind energy into electricity. Sets as a goal of such program the attainment of a total megawatt capacity of at least 800 megawatts from wind energy systems by fiscal year 1988 and the reduction of the average cost of electricity produced by such systems to a level competitive with conventional energy sources by the end of fiscal year 1986. Authorizes the Secretary of Energy to enter into agreements with public and private entities to obtain scientific, technological, and economic information on the design, fabrication, purchase, installation, and testing of wind energy systems. Authorizes the Secretary to provide financial assistance to entities seeking to install wind energy systems upon submission of the proper application. Sets forth terms and conditions for receiving such assistance. Terminates any Federal subsidization of purchases of such equipment upon the determination that such systems have become competitive with conventional energy sources or by a specified date. Sets forth the amount of such assistance, taking into consideration any tax credits allowed under the Internal Revenue Code for renewable energy source expenditures. Allocates a portion of the funds appropriated to carry out such assistance program for accelerated procurement and installation of wind energy systems by Federal agencies for demonstration purposes. Directs the Secretary to promulgate voluntary performance standards for such systems. Directs the Secretary to initiate a three-year national wind resource assessment program to: (1) validate existing assessments of known wind resources; (2) perform wind resource assessments in regions where the use of wind energy may prove feasible; (3) initiate a general site prospecting program; (4) establish standard wind data collection and siting techniques; (5) establish, in consultation with the Administrators of the National Oceanic and Atmospheric Administration, the Environmental Protection Agency, and the National Aeronautics and Space Administration, a national wind data center to make public information available on wind energy. Directs the Secretary to prepare a comprehensive program management plan for the research, development, and demonstration activities prescribed under this Act for submission to specified congressional committees. Sets forth criteria for selection of programs consistent with the purposes of this Act. Directs the Secretary to monitor, collect and evaluate data and information, and conduct studies and investigations relating to wind energy systems and programs. Directs the Secretary to assure that information relating to programs, projects and other activities conducted under this Act are widely disseminated to Federal, State, and local authorities, relevant segments of the economy, the scientific community and the public, so as to promote the use of wind energy to the maximum extent feasible. Directs the Secretary to assure that small businesses will have adequate opportunities to participate in the programs conducted under this Act to the maximum extent practicable. Authorizes the appropriation of $100,000,000 for fiscal year 1980 to carry out the purposes of this Act.
United States · United States Congress · 8 November 1979
Infant Formula Act of 1979 - Amends the Federal Food, Drug, and Cosmetic Act to set forth requirements for infant formulas. States that formulas which do not conform to such requirements shall be deemed to adulterated. Requires each manufacturer of an infant formula to annually submit to the Secretary of Health and Human Services (formerly, the Secretary of Health, Education and Welfare) reports or test results which show that the formula meets such requirements. Directs the Secretary to notify the manufacturer if such Secretary determines the formula is adulterated. Requires such manufacturer to give the Secretary satisfactory assurances of initiating a recall to all retail purchasers of such formula within 48 hours of receiving notification of the Secretary's determination. Directs the Secretary to initiate actions for the seizure of such formula should the manufacturer fail to make such assurances. Permits an inspector enforcing the provisions of this Act access to specified test records of the manufacturer at all times. Makes the failure to submit required reports and test results a prohibited act under the Federal Food, Drug, and Cosmetic Act.
United States · United States Congress · 7 November 1979
Expresses the sense of the House of Representatives that the Attorney General should: (1) immediately revoke all student visas held by Iranians who have engaged in activities prejudicial to the public interest of the United States; (2) deny all future student visas to Iranians; and (3) deport immediately all Iranians who are in the United States illegally.
United States · United States Congress · 2 November 1979
Authorizes the President, on behalf of the Congress, to present a gold medal of appropriate design to Bryan Lewis Allen, the first aviator to cross the English Channel in a self-powered plane. Authorizes appropriations of up to $15,000 to strike such medal. Authorizes the Secretary of the Treasury to strike bronze duplicates of such medal for sale to the public.
United States · United States Congress · 1 November 1979
Nuclear Safety Board Act of 1979 - Establishes the Nuclear Safety Board as an independent executive agency. Provides for presidential appointment of three members of such board, and sets forth provisions relating to terms, compensation, and appointment of officers and support staff. Sets forth the duties of such Board, including: (1) investigation of potentially hazardous events occurring at facilities regulated by the Nuclear Regulatory Commission; (2) analysis of operational data reported to it by such facilities to determine the existence of patterns of events indicating safety problems; (3) conducting nuclear facility safety studies; (4) evaluation of suggestions received from the scientific and industrial community and others on improving nuclear facility safety; (5) recommendation to the Commission of specific measures to minimize the likelihood of events which could affect public health or safety; (6) assessment of the effectiveness of the Commission in monitoring facility operations and in providing safety procedures concerning construction and operation of such facilities; (7) monitoring the Commission's resolution of safety issues; (8) establishment of reporting requirements regarding facility design, construction, and operation, which shall be binding on the Commission, Federal, State, and local nuclear safety agencies, and private parties involved with facility construction or operation; and (9) issuance of periodic reports on nuclear facility safety. Grants the Board specified powers relating to issuance of subpenas, inspection authority, enforcement authority, immunity, obtaining official data, delegation, contracting authority, and appointment of advisory committees. Authorizes the Board to make any information not relating to trade secrets available to the public upon request, with exceptions. Requires the Commission to provide written response to the Board to each recommendation submitted by the Board regarding nuclear safety. Establishes civil penalties for violation of reporting requirements regarding facility design, construction, or operation. Authorizes judicial review of any order issued by the Board under this Act. Requires the Board to submit an annual report to the Congress on the activities conducted by the Board. Terminates the existence of the Board six years after the date of enactment of this Act.
United States · United States Congress · 31 October 1979
Congressional Pay Reform Act of 1979 - Amends the Legislative Reorganization Act of 1946 and the Federal Salary Act of 1967 to specify that pay adjustments for Members of Congress shall become effective on the March 1 following the beginning of the next Congress following the Congress during which such adjustment was approved. Conditions such adjustment on the adoption of a concurrent resolution by each House of Congress. Requires the vote on such resolution to be recorded to reflect the vote of each Member. Prohibits any congressional employee from being paid at a rate in excess of the rate payable for Senators and Members of the House of Representatives. Requires the President to transmit to the Congress, within the first 15 days of January after the date on which the report and recommendations, concerning salaries, of the Commission on Executive, Legislative, and Judicial Salaries are required to be submitted, his recommendations with respect to the rates of pay of Members of Congress, legislative, and judicial employees. Prohibits the House of Representatives and the Senate from considering any bill or joint resolution carrying an appropriation for compensation of Members of Congress for any fiscal year if such bill or joint resolution carries an appropriation or a limitation on appropriations for any other purpose.
United States · United States Congress · 30 October 1979
Amends the Internal Revenue Code to remove dollar limitations on the allowable amount of the income tax deduction for moving expenses incurred in connection with the sale or purchase of a residence.
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 · 23 October 1979
Disaster Relief Act Amendments of 1979 - Amends the Disaster Relief Act of 1974 to direct the President to reimburse State and local governments for two-thirds of the costs of alleviating an emergency or major disaster declared as a result of a snowstorm. Requires the President to determine when a snowstorm became sufficiently severe to warrant emergency or major disaster designation. Directs the Federal Emergency Management Agency to prescribe standards to be used in determining whether a snowstorm shall be declared an emergency or a major disaster. Permits the President to declare an emergency or major disaster even if all the standards are not met. Prohibits taking into account the extent of assistance previously granted to a State when deciding whether to declare an emergency or major disaster. Prohibits making grants to update State disaster assistance plans to any State normally receiving heavy snowfall unless such State has completed a snow preparedness plan satisfactory to the President.
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 · 19 October 1979
Scholarship Program Assistance Act - Amends the Internal Revenue Code, with respect to exempting certain kinds of scholarship or fellowship grants from classification as taxable expenditures of a private foundation, to apply such exemption to a grant under an employer-related scholarship program where the number of such grants awarded during any year does not exceed 50 percent of the number of eligible individuals submitting applications for such grants. Defines an "employer-related scholarship program" as one which: (1) provides grants for study at educational institutions eligible to receive tax deductible charitable contributions; and (2) limits the eligibility for all or a portion of such grants to employees of a particular employer (or group of employers), or to members of such employees' families.
United States · United States Congress · 17 October 1979
Condemns the use of lethal chemical agents against the Hmong tribes people in Laos. Expresses the sense of the House of Representatives that the President should: (1) take action to bring about the cessation of such poison gas attacks; (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.