United States · United States Congress · 8 November 1979
Expresses the sense of the Senate that: (1) all countries and all people be urged to respond generously to Cambodian relief efforts; (2) Cambodian authorities be encouraged to allow the use of all possible avenues for delivering food and medical supplies; and (3) the United States and the United Nations should express their expectation that the great power supporters of the factions in Cambodia share in international responsibility for averting famine.
United States · United States Congress · 2 November 1979
Sentencing Reform Act of 1979 - Amends the Federal criminal code to set forth a new sentencing structure applicable to a defendant who has been convicted of an offense under any Federal statute. Permits an individual to be sentenced to a term of imprisonment or probation, a fine, or restitution in cases involving bodily injury or death, property damage, or other loss. Permits an organization to receive such penalties, with the exception of imprisonment. Requires that the presentence investigation report made by a probation officer under rule 32(c) of the Federal Rules of Criminal Procedure include information on noninstitutional sanctions. Specifies factors to be considered by a sentencing court, including: (1) the nature and circumstances of the offense; (2) the defendant's role in the offense, and aggravating or mitigating circumstances not reflected in the guidelines formulated by the Federal Sentencing Commission (established by this Act); (3) the types of sentences, including noninstitutional sanctions as a condition of probation; (4) the sentence recommended in the Commission's guidelines; (5) any pertinent policy statement issued by the Commission; and (6) the need to have uniform sentencing among defendants who have been found guilty of the same offense. Requires the court to state in open court at the time of sentencing the reasons for the imposition of the particular sentence and the specific reason for the imposition of a sentence different from that set forth in the guidelines. Requires the court to submit to the Commission a written report containing specified information within ten days of sentencing. Permits a defendant to appeal a final sentence in any case except where a sentence recommended in the guidelines is included in a plea agreement. Authorizes the court of appeals, upon a determination that the sentence is clearly unreasonable, to remand the case for imposition of a lesser sentence or impose a lesser sentence. Establishes procedures for imposition and revocation of a sentence of probation. Retains the current exceptions for a granting of probation (an offense punishable by life imprisonment or for which probation is expressly precluded by law). Includes among the authorized conditions of probation: (1) work in community service; (2) participation in a program of a residential community center; (3) necessary medical or psychiatric treatment; or (4) placement in the custody of the Bureau of Prisons for up to the lesser of six months or the authorized term of imprisonment during the first year of the term of probation. Requires, upon a determination that there is probable cause to believe that a condition of probation has been violated, that a revocation hearing be held within 30 days before a judge or a United States magistrate. Grants to the probationer with respect to such hearing the following rights: (1) reasonable notice; (2) opportunity to be represented by an attorney (or to have counsel provided); (3) opportunity to testify and present witnesses and evidence; and (4) opportunity to confront and cross-examine witnesses. Subjects a decision of a magistrate or judge to revoke probation to appellate review. Specifies factors to be considered by the court in determining the amount of restitution for loss that is the result of death or personal injury caused by the offense or for property loss. Directs the court to consider any factor relating to the offense or the defendant's finances in determining the amount of any fine, and the time for and method of payment. Establishes as an independent body in the judicial branch a seven-member Federal Sentencing Commission. Includes the Chairman of the Parole Commission and the Attorney General as ex officio members. Directs the President to appoint: (1) one member from a list of ten Federal judges provided by the Judicial Conference of the United States; (2) one member who is a Federal public defender; and (3) five members who represent a variety of backgrounds and who have demonstrated participation and interest in the criminal justice process. Directs the Commission, by affirmative vote of at least five members, to issue guidelines and general policy statements for use by a sentencing court. Enumerates the duties of the Commission with respect to such guidelines, including that: (1) they may provide for an increase or decrease of up to five percent of a term of imprisonment; and (2) they shall include a term of imprisonment when (A) serious bodily injury resulted from the defendant's participation in the offense, or (B) the offense is a felony and the defendant was previously convicted of a Federal, State, or local felony, unless a substantial time period has lapsed since such prior conviction; (3) the Commission revise such guidelines at least biannually and conduct hearings in performing its functions; and (4) the guidelines be reported to Congress by May 1st after the beginning of a regular session and become effective 90 days later, subject to disapproval or modification by Act of Congress. Specifies additional duties of the Commission, including among others: (1) monitoring the performance of probation officers; (2) establishing a research and development program to serve as an information center with respect to Federal sentencing practices and to serve in a consulting capacity to Federal courts and agencies; (3) studying the feasibility of guidelines for the disposition of juvenile delinquents; and (4) studying the plea bargaining process. Directs the Commission to: (1) report annually to the United States Judicial Conference, Congress, and the President on its activities; (2) submit at least annually to Congress an analysis of requisite reports and studies and appropriate legislative recommendations; (3) submit to Congress within three years of the issuance of guidelines a proposal for reducing all statutory maximum prison terms; and (4) submit to Congress with the Bureau of Prisons an analysis and recommendations concerning maximum utilization of prison resources. Requires that good time allowances be made within two days after the end of each month. Provides that such allowance vests at the time it is received. Substitutes the penalty of imprisonment for life without parole for specified Federal crimes which currently authorize the death penalty. Provides that the Commission shall become effective 60 days after enactment and shall issue guidelines within six months of enactment. Makes the remaining provisions effective 60 days after the effective date of the guidelines. Provides that the United States Parole Commission shall remain in effect until three years after the effective date of the guidelines.
United States · United States Congress · 1 November 1979
Chrysler Corporation Loan Guarantee Act of 1979 - Authorizes the Secretary of the Treasury to enter into commitments to guarantee loans made to Chrysler Corporation if the Secretary determines that: (1) such a commitment is needed to enable Chrysler to continue to operate and the failure to meet this need would adversely and seriously affect the employment or economic situation in the United States or any of its regions, or the degree of competition in the automobile industry; (2) Chrysler has submitted a feasible operating plan for its 1980 fiscal year and the next three fiscal years demonstrating its ability to continue as a going concern in the automobile business without additional Federal assistance after December 31, 1983; and (3) Chrysler has submitted a satisfactory financial plan which includes at least $1,500,000,000 in funds that are not guaranteed by the Federal Government. Requires a portion of such nonfederal funds to be in the form of commitments and concessions contributed after October 17, 1979, by financial institutions, Chrysler's creditors, shareholders, and employees, and management, State and local governments, labor unions, and other entities with an economic stake in Chrysler. Prohibits the amount of outstanding guarantees actually issued by the Secretary from ever proportionately exceeding the amount of such nonfederal funding obtained and not repaid. Permits Chrysler to obtain capital and cash in order to meet the required level of nonfederal funding through a merger, the sale of securities, assets, or other transactions consummated after October 17, 1979. Requires the Secretary to receive assurances as to the availability and adequacy of all financing contemplated by the financing plan before entering any commitments to guarantee loans. Stipulates that the Secretary may issue guarantees only pursuant to commitments. Requires such commitments to provide that guarantees will only be issued if the Secretary determines that: (1) Chrysler would otherwise be unable to obtain credit upon reasonable terms sufficient to meet the needs of its operating plan; (2) there is a reasonable prospect of repayment; (3) the loan bears interest at a reasonable rate determined by the Secretary not less than the current average yield on Treasury securities of comparable maturity; (4) Chrysler continues to comply with an operating and financial plan or a revision which is feasible and satisfactory to the Secretary; (5) Chrysler has agreed to deliver rolling four-year operating and financial plans to the Secretary and an annual analysis of deviations in performance from the targets set forth in such plans; and (6) Chrysler has complied with the requirements set forth in the terms of any commitment. Renders any determination made by the Secretary under this Act conclusive upon the issuance of a loan guarantee. States that the validity of any guarantee shall be incontestable except for fraud or material misrepresentation on the part of the holder thereof. Authorizes the Secretary to determine the form of all guarantees issued under this Act. Directs the Secretary to collect, at least once a year, a guarantee fee of at least one-half percent per annum on the outstanding guaranteed loan principal computed daily. Authorizes the Secretary to negotiate appropriate additional terms to compensate the United States for the risk it assumes in issuing loan guarantees. Requires that all guaranteed loans mature no later then December 31, 1990. Prohibits waiver or amendment of the terms of any guaranteed loan without the Secretary's consent. Requires each commitment to contain appropriate protective provisions. Directs the Secretary to require security for the loans guaranteed under this Act, subordination of existing creditors, and that Chrysler pay no dividends on any common or preferred stock. Permits the Secretary to waive such requirements if necessary to enable Chrysler to obtain financing and if, despite such waiver, there is a reasonable prospect of repayment. Directs the Secretary to require a change in Chrysler's management if the Secretary determines that the inability of Chrysler to obtain credit without guarantees is a result of the failure of management to exercise reasonable business prudence. Authorizes the Secretary to inspect the records of Chrysler or any of its affiliates for which an application for a loan guarantee has been submitted. Authorizes the General Accounting Office to conduct a detailed audit of Chrysler and its affiliates. Directs the Office to report the results of such audit to the Secretary and the Congress. Prohibits the outstanding principal amount of loans guaranteed by the Secretary from exceeding $1,500,000,000 at any one time. Directs the Secretary to enforce the rights of the United States as a guarantor under this Act. Entitles the Secretary to recover any payments made pursuant to a guarantee from Chrysler, its affiliates, or any other liable person. Empowers the Secretary to utilize all available remedies in enforcing the rights of the United States and to bring actions in the United States district courts or any other appropriate court to enforce compliance with this Act or the terms of any agreement. Grants jurisdiction to such courts to hear such actions and to fashion appropriate remedies. Prohibits the Secretary from guaranteeing any tax-exempt security either directly or indirectly if the guarantee provides significant collateral for other tax-exempt obligations. Authorizes the Secretary to waive the priority of the United States if necessary to facilitate financing contemplated by the financing plan provided the Secretary determines that, despite such waiver, there is a reasonable prospect of repayment. Stipulates that such a waiver may not subordinate the claims of the United States to any other creditor. Directs the Secretary to submit a annual report to the Congress on activities conducted pursuant to this Act. Authorizes the appropriation of funds necessary to carry out the provisions of this Act beginning in fiscal year 1979 and remaining available without fiscal year limitation. Limits the authority of the Secretary to make guarantees to the extent provided in advance by appropriation Acts.
United States · United States Congress · 4 October 1979
Makes the Federal tort claims procedure the exclusive remedy in medical malpractice actions resulting from federally authorized National Guard training activities (repeals the current provision covering such liability).
United States · United States Congress · 7 September 1979
Home Energy Assistance Act - Authorizes the Secretary of Health, Education, and Welfare to make grants to States to assist eligible low-income households to meet increasing home energy costs. Authorizes appropriations for fiscal years 1980 through 1984 to carry out this Act. Sets forth allotments from such appropriations for such grants to States and specified American territories and possessions for energy crisis related activities under the Economic Opportunity Act of 1964, and for emergency energy disaster assistance to States. Stipulates that such grants may be used for making payments to home energy suppliers on behalf of eligible households and directly to such households in specified cases. Sets forth application procedures and requirements for such grants. Authorizes States receiving such grants to make grants to eligible households for meeting excessive cooling costs where such cooling is medically necessary under standards established by the Secretary. Requires States to comply with the uniform data collection standards established by the Secretary concerning home energy consumption, cost and type of fuels used, use by which income groups, and other information determined to be necessary to carry out this Act. Authorizes the Secretary to withhold payments under this Act for failure to comply with approved application provisions. Sets forth provisions for the administration of this Act. Stipulates that payments received by members of participating households are not to be considered income for determining eligibility for other Federal assistance programs.
United States · United States Congress · 31 July 1979
Federal Bureau of Investigation Charter Act of 1979 - Establishes a comprehensive Federal Bureau of Investigation Charter which sets forth the duties and responsibilities of the FBI with respect to criminal and civil investigations, undercover operations, and law enforcement support functions, but excluding foreign intelligence activities (which were specified in Executive Order 12036). Enumerates as general principles of the FBI that it: (1) conduct investigations with minimal intrusion consistent with the need to collect information or evidence in a timely and effective manner; (2) be concerned only with criminal conduct when conducting a criminal investigation; and (3) not conduct an investigation solely on the basis of the lawful exercise of Constitutional or statutory rights, including the expression of a religious or political view or the right to peacefully assemble and petition the Government. Limits the appointment of the Director of the FBI to one ten-year term. Specifies the general powers and duties of the Director, Associate Director, an Assistant to the Director, Assistant Director, Inspector, and Agent of the FBI. Authorizes the FBI to make inquiries to determine whether there is a basis for investigation and conduct an investigation on the basis of facts or circumstances that reasonably indicate that: (1) a person has, is, or will engage in an activity in violation of Federal criminal law; (2) two or more persons are engaged in a continuing enterprise for the purpose of obtaining monetary or commercial gains or profits through "racketeering activity" (defined as activity involving a violation of 18 U.S.C. 1961-1968); or (3) two or more persons are engaged in (A) terrorist activity in violation of Federal criminal law, (B) a "pattern of terrorist activity" in violation of State criminal law, or (C) terrorist activity by an enterprise whose membership is based wholly or in part in the United States that occurs totally outside the United States or transcends a national boundary and which would constitute a criminal violation if committed within Federal or State jurisdiction. Directs the Attorney General, as soon as feasible after enactment, to promulgate guidelines for such investigative authority that embody specific principles. Requires that the Department of Justice be advised of all investigations of terrorist activity and that any such investigations continuing beyond one year be reviewed at least annually by the Director. Requires that the Attorney General's guidelines protect constitutional rights and personal privacy and ensure that as the likelihood for intrusion into privacy increases through the specific use of techniques, more formalized and higher level authorization and review procedures are required. Establishes restrictions on certain investigative techniques, including the use of informants and undercover agents, physical surveillance, mail and electronic surveillance, and access to third party records and tax information. Requires that a supervisory official of the FBI make a written finding that an informant is suitable for use on a continuing basis and that the information likely to be obtained relates to an authorized investigation. Requires the periodic review of such finding by the Director or his designee. Requires an FBI official, in determining that an informant's participation in criminal activity is justified, to state in writing that: (1) the conduct is necessary to obtain information or evidence for prosecutive purposes or to avoid death or serious bodily injury; and (2) such need outweighs the seriousness of the conduct involved (but prohibits the use of unlawful techniques to collect information). Requires that for a licensed physician, lawyer, clergyman, or member of the news media to be used as an informant that: (1) such use be expressly authorized in writing by the Director or a senior official; (2) the Attorney General or his designee be promptly notified; and (3) such person be advised that the FBI is not requesting the person to breach any legal obligation of confidentiality. Requires the FBI to determine a person's suitability for use as an informant or for providing operational assistance. Provides that an FBI employee used as an undercover agent is bound by the provisions of this Act and other laws and guidelines governing the conduct of FBI agents. Prohibits such agent from participating in any criminal activity except to: (1) obtain information or evidence necessary for paramount prosecutive purposes; (2) establish credibility; or (3) avoid death or serious bodily injury or danger to himself or another (but prohibits the use of unlawful techniques to collect information). Authorizes the FBI to use an informant or undercover agent to infiltrate a group under investigation, but requires a senior official to make a written finding to the Director that the infiltration of a group under investigation with respect to terrorist activities is necessary. Requires such finding to include a statement of means reasonably designed to minimize the acquisition of information unrelated to the matter under investigation. Requires, with respect to surveillance, that: (1) physical surveillance be directed against an identifiable individual only within the scope of investigative authority; (2) mail openings be conducted only pursuant to United States Postal Service regulations; and (3) electronic surveillance be made only in accordance with applicable law. Authorizes the FBI to issue an investigative demand: (1) for access to the records of a "financial institution" as defined in, and for use in accordance with, the Right to Financial Privacy Act of 1978 and guidelines by the Attorney General; and (2) to obtain toll records from a communications common carrier, insurance records, or records from a credit institution not encompassed by the Right to Financial Privacy Act if (A) there is reason to believe the records are relevant to an authorized investigation and (B) proper service and notice are executed. Forbids such investigative demand from making a requirement which would be unreasonable or would concern a privileged record if demanded by a subpoena duces tecum issued by a Federal court in aid to a grand jury investigation. Sets forth procedural requirements with respect to such investigative demands. Authorizes the FBI to obtain access to tax information from the Internal Revenue Service only in accordance with the confidentiality and disclosure provisions of the Internal Revenue Code. Allows the FBI to use other investigative techniques, such as trash covers, pen covers, consensual monitoring, electronic location detectors, covert photographic surveillance, and pretext interviews only in the course of a lawful investigation. Authorizes the FBI to retain information if it is relevant to an investigation or within the scope of other authorized responsibilities conferred by this Act. Specifies conditions under which the FBI may disseminate information to Federal or State or local criminal justice agencies. Directs the FBI to destroy records or deposit them in the Archives of the United States for historic preservation ten years after: (1) the termination of an investigation not leading to prosecution; or (2) termination of prosecution, with specified exceptions. Specifies the authority of the FBI to conduct undercover operations. Allows the Bureau to procure property and services for such purposes without regard to usual procurement regulations. Subjects to review by the Attorney General and the Comptroller General the liquidation of any sizeable property. Authorizes the FBI to collect information to assist the Attorney General in determining whether the use of Federal troops or other Federal assistance is required: (1) concerning an actual or threatened civil dispute to enforce Federal law or court orders or which may result in the request for such assistance by State authorities; or (2) relating to a peaceful public demonstration that is likely to require Federal action with respect to public health and safety upon the specific approval of the Attorney General or his designee. Requires such information to be collected from publicly available sources whenever possible and prohibits the use of certain investigatory techniques. Requires the information to be stored in a manner that minimizes its retrieval by reference to a specific individual. Authorizes the FBI to conduct background investigations of an individual who has: (1) consented to be considered for nomination to an office requiring the advice and consent of the Senate; (2) consented to be appointed to a position in the Executive Office of the President that will require access to classified information; (3) consented to be considered for nomination by the President as a justice or judge; (4) applied for employment in the FBI or in a position in the Department of Justice requiring such investigation; (5) applied for a Presidential reprieve or pardon; or (6) been designated by the Attorney General as requiring access to classified information. Authorizes the FBI to conduct an investigation on a reimbursable basis of an individual on the staff of: (1) the Appropriations or Judiciary Committees of Congress; (2) the Select Committees on Intelligence of Congress; (3) the Speaker of the House; (4) the President pro tempore of the Senate; or (5) the majority or minority leader of either House. Authorizes the FBI to conduct an investigation on a reimbursable basis of certain judicial officers and to assist other Federal agencies conducting background investigations with respect to job applicants, contractors, persons requiring access to classified defense information, persons having access to a person or premises within the protective responsibility of the United States Secret Service, applicants for Federal grants or loans (to the extent authorized by the Attorney General or his designee), or persons requiring access to a Federal computer system subject to clearance. Enumerates other special service functions of the FBI, including those related to congressional committees, grand jury investigations, other protective services, and investigative assistance to other Federal, State, or local law enforcement agencies. Authorizes the FBI to: (1) train its own employees and law enforcement and criminal justice personnel of other Federal agencies, State or local agencies, foreign governments, and members of the United States Armed Forces; (2) conduct research and development to improve law enforcement and to procure equipment and systems for its authorized law enforcement functions; (3) establish and maintain liaison with, and provide mutual assistance to, a foreign law enforcement agency consistent with guidelines established by the Attorney General; (4) provide technical assistance at the request of a Federal, foreign, State, or local government agency; (5) provide personnel, informational, investigative, and technical assistance to the United States Secret Service in connection with its protective responsibilities; and (6) collect and classify various types of civil and criminal records, such as civil and criminal fingerprint records, records concerning fugitives, and missing person records, and to exchange such information with law enforcement agencies of the Federal, foreign, State, or local governments. Authorizes the FBI to exchange criminal fingerprint records and criminal history information with Federal, foreign, State, or local agencies, and other entities, with respect to licensing, the administration of visa, immigration, or passport laws, federally insured financing, and securities regulation. Allows unsolicited information about an identifiable person which does not pertain to authorized FBI responsibilities to be retained only for the limited period necessary for administrative processing. Allows the Director to impose a civil penalty up to $5,000 on any person who intentionally uses sensitive investigative techniques in knowing violation of this Act while acting as an employee of the FBI (such penalty to be in addition to others prescribed by law). Stipulates that nothing in this Act, including any guidelines established pursuant to this Act, creates any substantive or procedural rights, and no court has jurisdiction over a claim in any proceeding, based solely on violations of its provisions. Requires guidelines promulgated by the Attorney General to be made public, except upon a determination that a particular guideline if made public would jeopardize the investigative process. Exempts from public disclosure procedures which would assist a criminal to avoid detection or would compromise sensitive investigative techniques. Directs the Attorney General to provide to the Judiciary Committees of Congress information concerning the implementation of this Act, and, on an annual basis: (1) the total number of investigations conducted in the preceding year; and (2) the total number of activities conducted in the preceding year requiring approval of the Director or the Attorney General. Directs the Attorney General to submit to such committees for review specified guidelines. Requires the Director to review periodically the application of all guidelines to insure that they are complied with and achieve their purposes. Charges the Attorney General with protecting the integrity of investigative files and the confidentiality of informants, undercover operations, and other sensitive investigative techniques. Prohibits a court from ordering a Government attorney or other Department of Justice official to disclose the identity of a confidential informant or information which would reveal such identity, except to the court in camera, if the Attorney General has determined that the informant's identity must be protected. Authorizes the Attorney General and the FBI to investigate any violation of Federal criminal law involving a Government officer or employee. Requires any information received in an executive agency relating to such a violation to be expeditiously reported to the Attorney General, unless otherwise provided for by law. Stipulates that such investigative authority does not limit the authority of the military departments to investigate offenses pursuant to the Uniform Code of Military Justice or the primary authority of the Postmaster General to investigate postal offenses. Makes it the duty of the Attorney General to take all reasonable steps to insure that FBI investigations conform with statutory and constitutional law.
United States · United States Congress · 18 July 1979
Welcomes and congratulates the first directly elected Parliament of the European Community. Pledges congressional support for continued close relations with such Parliament.
United States · United States Congress · 11 July 1979
Classified Information Procedures Act - Sets forth pretrial, trial, and appellate procedures for criminal cases involving classified information. Requires a court, on its own motion or on the motion of any party, to hold a pretrial conference to consider matters relating to classified information or which may promote a fair and expeditious trial. Directs the court, upon the request of the Government, to issue a protective order with respect to any classified material disclosed to the defendant. Requires a defendant who reasonably expects to disclose classified material in any trial or pretrial proceeding to notify the Government attorney and the court in writing. Allows the Government upon such notification to move for a hearing, to be held in chambers upon certification by the Government that classified information might be compromised in a public proceeding. Requires the Government to provide the defendant upon his or her request with a bill of particulars as to the portions of the indictment or information which the defendant identifies as related to the classified information at issue in the hearing. Directs the court following such hearing to determine in writing as to each item of classified information whether and the manner in which the information at issue may be used in a pretrial or trial proceeding. Requires upon determination by the court that the information may not be disclosed that the record of the hearing be sealed and preserved in the event of an appeal. Allows the defendant to seek reconsideration prior to or during trial. Authorizes the court to order (instead of disclosure): (1) substitution of a statement admitting relevant facts that the specific classified information would tend to prove; or (2) substitution of a summary or portion of a specific classified information. Directs the court to issue any order which is required in the interest of justice if: (1) the court determines that such alternatives to full disclosure may not be used; and (2) the Government objects to the disclosure by proper affidavit. Directs the court to order the Government to provide the defendant with information to rebut the classified information, upon a determination that classified information may be disclosed. Allows the Government to make an interlocutory appeal to a court of appeals from a decision of the district court: (1) requiring disclosure; (2) imposing sanctions for nondisclosure; or (3) refusing a protective order by the United States to prevent disclosure. Sets forth an expedited procedure for consideration of such an appeal. Allows writings, recordings, and photographs containing classified information to be admitted into evidence without change in their classification status. Authorizes the court to take measures to prevent unnecessary disclosure of classified information in admitting such information into evidence. Directs the court, following an objection by the Government to a question or line of inquiry requiring a witness to disclose classified information not previously found to be admissible, to take suitable action to determine whether the response will safeguard against the compromise of any classified information. Directs the Chief Justice, in consultation with the Attorney General, the Director of Central Intelligence, and the Secretary of Defense, to prescribe security procedures for protection of classified information submitted to Federal courts. Amends the Jencks Act to allow a summary to be substituted for the statement which the Government is required to give the defense relating to testimony by Government witnesses, where portions of such statement contain classified information. Requires the Government, in any prosecution in which it must establish that material relates to the national defense or constitutes classified information, to notify the defendant of the material upon which it reasonably expects to rely. Directs the Attorney General to: (1) issue guidelines specifying the factors to be used by the Department of Justice in deciding whether to prosecute a violation of Federal law in which there is a possibility that classified information will be revealed; and (2) transmit such guidelines to the appropriate congressional committees. Requires the Department to prepare written findings of the reasons for deciding not to prosecute any such decision, including specified information. Directs the Attorney General to make available all such findings to the congressional intelligence committees.
United States · United States Congress · 27 June 1979
Congressional Budget Act Amendments of 1979 - Amends the Congressional Budget Act of 1974 to prohibit the Congress from considering any legislation which contains new spending authority effective for any fiscal year beyond amounts provided in appropriation acts. Defines "new spending authority" to include any authority not provided by law on the effective date of this Act, or any increase in existing authority, whether temporary or permanent, to: (1) enter contracts; (2) incur indebtedness except under the Second Liberty Bond Act; (3) make any payments including loans and grants; (4) insure or guarantee any indebtedness; and (5) obligate the United States to make outlays by any other means. Prohibits the Congress from considering any legislation which provides new budget authority for an indefinite period of time or an unspecified number of fiscal years without requiring recurring action by the Congress. States that it shall not be in order in either House of Congress to consider any legislation which authorizes outlays beyond a single fiscal year. Establishes the seventh day after Labor Day as the deadline for completion of all action on legislation providing new budget authority for the upcoming fiscal year. Declares that effective with fiscal year 1982: (1) all spending authority provided by law other than the Social Security Act shall be effective only to the extent authorized by appropriation acts; (2) all permanent budget authority shall cease in effect except for payments to trust funds established by the Social Security Act, interest payments on the public debt, and internal revenue refunds; and (3) all new budget authority shall be available for outlays only for a single fiscal year. Conforms the Rules of the House of Representatives and the Senate to the provisions of this Act. Declares that the provisions of this Act governing the consideration of legislation are an exercise of the rulemaking power of the House and Senate.
United States · United States Congress · 26 June 1979
Expresses the sense of the Senate that the President shall call as soon as possible an Energy Summit Conference to bring together representatives of the oil industry, consumer representatives knowledgeable on energy matters, officials of the executive branch and other levels of government, and such other persons as the President deems necessary to review any data submitted and report to the President on current and expected energy shortages, a prognosis for the future, and recommendations for public and private action to meet those shortages. Directs the Conference to consider the establishment of a national energy council. Directs the President to report to the American people the results of the Conference along with his recommendations for a national energy policy.
United States · United States Congress · 25 June 1979
Federal Power Act Amendments of 1979 - Amends the Federal Power Act to prohibit any new rate schedule increasing the rates of a public utility which sells electricity of a specified size from taking effect unless the Federal Power Commission has found such rate increase just and reasonable. Authorizes the Commission to order an interim rate increase pending a final order determining a just and reasonable increase. Prohibits retroactive application of any final approved rate, but requires refunds to customers if the final order is less than the interim order. Requires a hearing on the record for any increased rate if: (1) the Commission has reason to believe such increase may not be just and reasonable; or (2) the Commission receives a valid complaint in relation to the requested increase from either direct or indirect customers.
United States · United States Congress · 20 June 1979
Establishes criminal penalties for whoever: (1) with intent to defraud or having reason to believe his act will facilitate fraud forges or counterfeits any marketable security; (2) knowingly executes in any manner an unauthorized copy of any marketable security; and (3) with intent to defraud or having reason to believe his act will facilitate fraud possesses or controls any tool or other thing used in forging or counterfeiting any marketable security. Entitles any corporation, business, or government whose securities have been forged or counterfeited to recover damages (equal to three times the security's value) in a civil suit in a district court. Establishes criminal penalties for whoever receives, possesses, or offers for sale, or attempts to receive, possess, or offer for sale any marketable security of the United States knowing the same to be stolen, converted, or obtained by fraud. Establishes criminal penalties for whoever: (1) steals, embezzles, or fraudulently converts, or attempts to steal, embezzle, or fraudulently convert any security in the possession or control of any financial institution; (2) receives or possesses any security which has been stolen, embezzled, or converted from a financial institution, knowing the same to be stolen, embezzled, or converted; or (3) tenders, presents, sells, accepts, or attempts to tender, present, sell, or accept any stolen, counterfeit, or forged security at any financial institution, knowing the same to be stolen counterfeit, or forged. Gives investigative jurisdiction to the Federal Bureau of Investigation with respect to such offenses and to the United States Secret Service with respect to certain such offenses involving foreign governments or U.S. securities.
United States · United States Congress · 18 June 1979
Expresses the sense of the Senate that the President should call upon Paraguay to apprehend and extradite Josef Mengele to stand trial in the Federal Republic of Germany.
United States · United States Congress · 13 June 1979
Emergency Fuel Assistance Act of 1979 - Authorizes the Director of the Federal Emergency Management Agency to provide funds to specified State agencies to provide assistance to low-income and elderly persons in the event of an energy emergency, which is defined as a shortage or unavailability of heating fuels to low-income households, or an increase of 20 percent or more in the price of a major fuel or utility service from the previous year, or as a period when a State or an area within a State is experiencing excessively cold weather. Limits eligibility to such assistance to households eligible for benefits under the Food Stamp Act of 1964. Directs the Director to contract with specified State agencies to administer and distribute such assistance upon receipt and approval by the Director of a State plan for such administration. Sets forth criteria for obtaining such approval. Authorizes reimbursement to a State for reasonable costs incurred in administering such program. Directs the Treasury of the United States to finance the printing of fuel assistance stamps or coupons and obligates the Treasury for payment at face value of such coupons redeemed in accordance with this Act. Requires the Director to issue regulations concerning the issuance, distribution, and redemption of such coupons. Imposes criminal penalties for violations of this Act. Authorizes the appropriation of $150,000,000 for each of fiscal years 1980, 1981, and 1982, to carry out this Act. Imposes criminal penalties for violations of this Act. Authorizes the appropriation of $150,000,000 for each of fiscal years 1980, 1981, and 1982, to carry out this Act.
United States · United States Congress · 22 May 1979
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that disability insurance benefits for an individual having a terminal illness shall begin with the first month during all of which such individual has such illness. Defines the term "terminal illness" to mean a medically determinable physical impairment which is expected to result in death within the next 12 months.
United States · United States Congress · 22 May 1979
Motor Vehicle Theft Prevention Act of 1979 - Title I: Findings and Purposes - States the findings and purposes of the Act. Title II: Improved Security for Motor Vehicles and Motor Vehicle Parts - Authorizes the Secretary of Transportation to establish standards for motor vehicle safety which include standards to reduce motor vehicle theft by taking into account: (1) the costs and benefits of implementing such standards; (2) the effect of such implementation on automobile insurance costs; (3) savings in terms of time and convenience; and (4) safety considerations. Directs the Secretary to consult with specified individuals and groups interested in the problem of automobile theft when establishing such standards. Requires the Secretary, within 12 months of the enactment of this Act, to issue notices of rulemaking governing the unauthorized starting of a motor vehicle and the identification of major automobile components. Stipulates that proposed rules shall consider current technological developments in such areas. Directs the Secretary to issue final rules within 24 months after the enactment of this Act. Requires that a final rule shall become effective within two calendar years or before the introduction of two model years after such rule is issued. States that a Federal automobile security standard supercedes any State or local standard. Title III: Antifencing Measures - Establishes penalties for anyone who knowingly removes, obliterates, tampers with, or alters any identification number for any motor vehicles or motor vehicle part required by regulations prescribed by the Secretary. Requires the forfeiture of any vehicle or vehicle part which has had such number removed unless: (1) the vehicle or part is owned by an innocent purchaser; or (2) the number is replaced according to applicable law. States that all provisions of law relating to the seizure and forfeiture of vessels, vehicles, merchandise, and baggage shall apply to seizures and forfeitures of motor vehicles and vehicle parts. Establishes penalties for anyone who buys, receives, possesses, or obtains control of, with intent to sell or otherwise dispose of, any motor vehicle or motor vehicle part knowing that such identification number has been removed or altered. Designates as nonmailable matter any manipulative type device which is designed or adapted to operate, circumvent, remove, or render inoperative the ignition switch or lock, or door or trunk lock of two or more motor vehicles, or any advertisement for the sale of such device. Title IV: Importation and Exportation Measures - Establishes criminal and civil penalties for anyone who imports, exports, or attempts to import or export any self-propelled vehicle, vessel, aircraft, or part knowing it to have been stolen, or any self-propelled vehicle or vehicle part knowing that its identification number has been altered. Amends the Tariff Act of 1930 to require persons who export or attempt to export a used self-propelled vehicle to present to the appropriate customs officer the vehicle and a document describing that vehicle. Authorizes customs officers to carry firearms, execute and serve search and arrest warrants, serve subpoenas and summonses, and make arrests. Title V: Reporting Requirements - Directs the Attorney General, after consultation with the Secretaries of Agriculture, Commerce, Transportation, and the Treasury, to report to Congress on: (1) developments in the area of identification of off-highway vehicles and parts thereof; and (2) other specified measures to help prevent the theft of such vehicles and parts.
United States · United States Congress · 17 May 1979
Confers subpoena power upon the Presidential Commission appointed to investigate the Three Mile Island nuclear powerplant accident to require the attendance and testimony of witnesses and the production of evidence relating to the accident. Permits the issuance of an order for the inspection of the powerplant at Three Mile Island.
United States · United States Congress · 10 April 1979
Speedy Trial Act Amendments Act of 1979 - Amends the Speedy Trial Act of 1974 to increase from 30 to 60 days the period in which an information or indictment must be filed from the date on which the individual was arrested or summoned with respect to a Federal offense. Modifies the current provisions requiring: (1) the arraignment of a defendant within ten days of the filing of the information or indictment; and (2) commencement of trial within 60 days of arraignment, to require commencement of trial not less than 30 nor more than 120 days from the filing of the information or indictment (or less than 30 days with the consent of the defendant). Applies the current time limits with respect to the retrial of a defendant following an appeal or collateral attack, to a trial upon an indictment or information dismissed by a trial court and reinstated following appeal. Extends the periods of delay which are excluded in computing the time limits for the filing of an information or indictment, and the commencement of trial, to include delay resulting from: (1) proceedings to determine the mental competency or physical capacity of the defendant: (2) election, examination, and determination of the defendant's eligibility for treatment under the Narcotic Addiction Rehabilitation Act (NARA); and (3) preparation and service of, and hearings on, pretrial motions and responses. Carries forward the current interim provision otherwise due to expire on July 1, 1979, which requires commencement of trial within 90 days from the beginning of continuous pretrial detention of a person who is awaiting trial or from the designation of a person as being of high risk who is released to await trial. Applies the delay provisions to this expedited trial limit. Authorizes the chief judge of a district court to suspend for up to 30 days the time limits provided by this Act when the need for such suspension is of great urgency, but requires such judge to apply to the judicial council of the circuit for a suspension (as currently provided) within ten days of the initial suspension.
United States · United States Congress · 10 April 1979
Amends the Emergency Petroleum Allocation Act of 1973 to extend the effective period of ceiling prices established by the President and applicable to any first sale of crude oil produced in the United States. Extends the President's authority under such Act to December 31, 1982.
United States · United States Congress · 15 March 1979
Tax Expenditure Control Act of 1979 - Amends the Congressional Budget Act of 1974 to make it out of order for the House of Representatives or the Senate to consider any bill or resolution which enacts a tax expenditure or the increase of an existing tax expenditure unless such enactment is authorized by law. Requires such bills or resolutions to be reported in the House or Senate on or before May 15 preceding the fiscal year the new tax expenditure is to become effective. Prohibits the consideration of a bill or resolution which authorizes new tax expenditures for more than ten consecutive calendar years. Requires that any such a bill or resolution be referred to the committee of the House or Senate, as the case may be, which has jurisdiction over the activity such new tax expenditure is intended to affect. Makes this Act effective the first day of the first session of the 97th Congress. Repeals any tax expenditure enacted before the effective date of this Act on December 31, 1990.
United States · United States Congress · 14 March 1979
Amends the Health Programs Extension Act of 1973 to prohibit any entity which receives financial assistance under the Public Health Service Act, the Community Mental Health Centers Act, or the Developmental Disabilities Services and Facilities Construction Act from discriminating against any applicant for training or study because of such applicant's reluctance or unwillingness to counsel, assist, or in any way participate in the performance of abortions or sterilizations contrary to his or her religious beliefs or moral convictions.
United States · United States Congress · 13 March 1979
Refugee Act of 1979 - Title I: Purpose - Declares the purpose of this Act to be to provide a permanent and systematic procedure for the admission to this country of refugees of special concern to the United States, and to provide comprehensive and uniform provisions for temporary and transitional assistance to those refugees who are admitted. Title II: Admission of Refugees - Amends the Immigration and Nationality Act to define "refugee" as any person who is outside his country of nationality (or in the case of a person having no nationality, is outside any country in which he last habitually resided), and who is unable or unwilling to return to such country because of persecution or a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Provides for up to 50,000 annual refugee admissions, with allocations to groups of refugees as determined by the President to be of special concern to the United States. Directs the President to report annually to the Judiciary Committees of the House and Senate regarding the forseeable numbers of refugees in need of resettlement during the coming fiscal year, and the anticipated allocation of such refugee admissions. Authorizes the President to exceed such 50,000 admissions level if the President, at the beginning of a fiscal year and after consultation with such Committees, determines it to be in the national interest or for humanitarian purposes. Provides that allocation for such additional refugees shall be made in the same manner as for the first 50,000. Authorizes the Attorney General to admit such refugees as permanent residents without first being admitted conditionally. Exempts such admissions from meeting certain other immigrant requirements (labor certification, public charge, immigrant visa, literacy, and foreign physicians). Provides that up to 5,000 of such 50,000 refugee admission entries may be used to adjust the status of alien refugees present in the United States to permanent resident status provided such person: (1) applies for the adjustment; (2) has been physically present in the United States for at least two years prior to such application; and (3) is a refugee not firmly resettled in any other foreign country. Exempts such persons from meeting other immigrant requirements (labor certification, public charge, immigrant visa, literacy, and foreign physicians). Permits spouses and children of refugees so adjusted to also have their status adjusted to that of permanent resident without the two year U.S. residency requirement. Permits such adjusted status refugees, upon a satisfactory showing to the Attorney General, to have the date of their admission as a permanent resident operate retroactively (up to two years) to the date they become refugees in the United States. Permits such procedure for the spouse and children of such refugees. Authorizes the President, after consultation with the Judiciary Committees of the House and Senate, to admit additional refugees in unforeseen emergency situations. States that such additional emergency refugee admissions will be allocated among groups or classes of refugees of special concern to the United States in accordance with a determination made by the President. Provides that such emergency refugees will be admitted conditionally. Permits the spouse and children of a refugee admitted for permanent residence or admitted conditionally under this Act to qualify for the same admission status as such refugee if not so entitled in their own right. Provides that the spouse or children will be charged against the same refugee admissions limitation as such refugee. Provides permanent resident status for any conditionally admitted refugee: (1) who has been present in the United States at least two years; (2) who has not acquired permanent resident status; and (3) whose conditional entry has not been terminated by the Attorney General. Provides that such permanent resident status shall be conferred without regard to certain other immigrant requirements (labor certification, public charge, immigrant visa, literacy, and foreign physicians), and shall operate retroactively to the date of such alien's arrival in the United States. Provides for the exclusion of such conditionally admitted refugees who are found to be inadmissible as permanent residents. Permits any alien eligible for retroactive resident alien status under this Act who has already been granted such status under other provisions of such Act that do not provide for retroactivity, to have his or her admission for permanent resident status recorded as of the date of entry as a refugee into the United States. Title III: Temporary and Transitional Assistance to Refugees - Amends the Migration and Refugee Assistance Act of 1962 to authorize appropriations when necessary for: (1) public or private voluntary agencies to aid in the placement, resettlement, and care of refugees; (2) programs to aid adult refugees in securing employment; (3) State and local agencies for projects to provide special educational services to refugee children in elementary and secondary schools; (4) child welfare services for two years after the arrival of a refugee child, or in the case of a child who enters the United States accompanied by a parent or other close relative, until age 18; and (5) income maintenance and medical assistance during the first two years (except for Cuban refugees who entered the United States before October 1, 1978) following a refugee's arrival in the United States, except that if a refugee is eligible for Aid to Families with Dependent Children or Medicaid assistance, funds under this Act would only be used for the non-Federal share of such assistance. Increases the authorized level of the Emergency Refugee and Migration Assistance Fund from $25,000,000 to $50,000,000. Title IV: Effective Date - Provides that this Act shall take effect as of October 1, 1979.
United States · United States Congress · 12 March 1979
Senate Election Reform Act of 1979 - Amends the Federal Election Campaign Act of 1971 to add a new Title V: Public Financing of Senate General Election Campaigns . Entitles candidates for the United States Senate meeting certain criteria and agreeing to comply with specified spending limits and reporting requirements to campaign payments on a matching basis. Requires such candidates to certify that: (1) their authorized committees will not make campaign expenditures in excess of certain limitations; (2) no contributions will be accepted by such candidates or their authorized committees in violation of this Act; (3) such candidates are seeking election to the United States Senate and have received contributions for that campaign in excess of a certain sum; and (4) at least two candidates have qualified for election to the same seat. Sets forth formulas for the determination of the amount of money to which a candidate is entitled. Stipulates that sums given by one contributor totalling over $100 shall be disregarded for purposes of matching payments. Sets spending limits for candidates receiving payments under this Act. Waives such limits for candidates whose opponents are not receiving matching payments and have spent sums in excess of the limit imposed for candidates receiving payments. Directs the Secretary of the Treasury to establish a separate Senate General Election Campaign Account in the Presidential Election Campaign Fund and to deposit certain sums in such account in accordance with specified guidelines. Requires repayment of excess payments and unexpended payments. Penalizes the use of funds for other than campaign purposes. Authorizes the Federal Election Commission to institute repayment actions in U.S. district courts. Specifies the administrative authority of the Commission in carrying out this Act.
United States · United States Congress · 8 March 1979
Soft Drink Interbrand Competition Act - Declares that exclusive territorial arrangements made as a part of a licensing agreement for the manufacture, distribution, or sale of a trademarked soft drink product are lawful under the antitrust law provided such product is in substantial and effective competition with other products for the same general class in the relevant market or markets. Prohibits recovery in private actions under the Clayton Act based on territorial provisions in a trademark licensing agreement prior to a final determination that such provisions are unlawful.
United States · United States Congress · 1 March 1979
Fair Housing Amendments Act of 1979 - Amends Title VII of the Civil Rights Act of 1968 (the Fair Housing Act) to exempt only the renting of space within a single family dwelling unit by the occupant of such unit to any other person from the prohibitions against discrimination in the sale or rental of housing. Prohibits insurers against hazards from discriminating in housing insurance contracts. Includes the handicapped within the groups that may not be discriminated against in housing. Prohibits discrimination in housing finance because of the national origins of people residing in the vicinity of the dwelling involved. Prohibits discrimination in the buying of debts secured by real property. Includes Federal agencies having regulatory authority over financial institutions within the administrative authority of the Secretary of Housing and Urban Development. Revises the procedures for enforcing the fair housing antidiscrimination provisions of the Act. Permits the Secretary of enforce the provisions upon receiving a charge filed by an aggrieved party within one year after the alleged discrimination occurred or upon the Secretary's initiative. Permits the Secretary to refer charges to certified State or local agencies for action. Directs the Secretary and other Federal agencies to cooperate and avoid duplication of their efforts. Authorizes the Secretary to order preliminary relief in certain circumstances. Sets forth the procedures to be followed when the Secretary has an administrative hearing on a complaint. Permits aggrieved individuals to commence civil actions within three years of the alleged discriminatory practice. Prohibits proceedings by both the Secretary and the aggrieved individual. Authorizes the Attorney General (1) to intervene in an aggrieved individual's civil action and (2) to commence a civil action (A) against a person engaged in a pattern or practice of resistance to these provisions or (B) to enforce the Secretary's findings or orders. Permits the aggrieved individual to intervene in an action commenced by the Attorney General. Allows prevailing parties reasonable attorney fees. Grants exclusive jurisdiction to the court of appeals to determine the validity of the Secretary's final orders under this Act.
United States · United States Congress · 21 February 1979
Regulatory Reform Act - Requires the President to submit to Congress a plan recommending reforms with respect to the regulation of: (1) energy, the environment, housing, and occupational health and safety by specified Federal agencies by April 30, 1981; (2) transportation and communications by specified Federal agencies by April 30, 1983; (3) banking and finance, international trade, and Government procurement by specified Federal agencies by April 30, 1985; and (4) food, consumer health and safety, economic trade practices, and labor-management concerns by specified Federal agencies by April 30, 1987. States that each such plan shall include recommendations for reform of such specified agencies and shall report on the cumulative impact of all Government regulatory activity reviewed, up to that date, on specific industry groupings. States that if the President fails to submit such plans by the specified dates, the House Committee on Government Operations or the Senate Committee on Governmental Affairs in cooperation with the committees of Congress which have legislative jurisdiction over such areas, shall draft their own plans to be submitted to Congress for action. Requires the Comptroller General and the Congressional Budget Office, contemporaneously with the development of the President's plan, to submit a report assessing the purpose, effects, efficiency, and cost effectiveness of each agency included in the plans submitted by the President. States that if no comprehensive regulatory reform legislation is enacted by August 1 of the year following the year in which a comprehensive plan has been submitted by the President, then all agencies affected thereby shall have no authority to issue any new rules not essential for preserving the public health and safety; if such reform is not enacted by October 1 of such year, such agency shall have no authority to enforce any rule not essential for preserving the public health and safety; if no such reform is enacted by December 31 of such year, such agency shall be terminated on such date. States that all rules of such terminated agency essential for preserving the public health and safety shall remain effective and shall be enforced by the Department of Justice. Requires the President to submit subsequent plans in the manner and in the order and frequency set forth by this Act every ten years.
United States · United States Congress · 1 February 1979
Veterans Administration Adjudication Procedure and Judicial Review Act - Title: 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 after reviewing all the evidence a reasonable doubt remains 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. Authorizes the Administrator of Veterans' Affairs to establish a new level of administrative appeal hearings for disputed veterans' claims on a limited pilot basis. States that such hearings: (1) are to take place at the VA field office where the original claim was filed; (2) shall be before three VA adjudication employees who did not take part in the original hearing; and (3) shall be considered to fulfill the appeals hearing requirement under the VA provisions as amended by this Act. 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. 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 120 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court, either in the claimant's home district or in the District of Columbia; (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. 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 · 1 February 1979
Directs the President to inform Congress of any dangers to Taiwan. Declares the policy of the United States to safeguard its interests and meet any dangers to Taiwan.
United States · United States Congress · 31 January 1979
Reform of Federal Regulation Act of 1979 - Title I: The Analysis, Planning and Management of Regulatory Functions - Requires each Federal agency to publish for each proposed major rule, as such rule is defined in this Act, an initial regulatory analysis which describes the need for the rule, at least two available alternative approaches, and a description of the economic and social effects of the proposed rule and alternatives. Requires that each agency publish for each adopted major rule a final regulatory analysis which includes a summary of public comments received on the initial analysis, and a justification of the selection of the final rule. Requires the Director of the Congressional Budget Office (CBO) to review and report to Congress on the agency actions to implement this Title. Directs each agency to: (1) report annually to Congress and the public on its regulatory agenda and priorities for the current fiscal year; and (2) include in the announcement of a rulemaking or adjudication the date by which the agency intends to complete such proceeding. Requires each agency to report annually to the Administrative Conference of the U.S., the Congress, and the public on its regulatory activities of the past fiscal year. Stipulates that such report include: (1) the number of agency proceedings which the agency failed to complete by the established deadline and the reasons for such failure; and (2) any changes the agency made to improve its regulatory actions. Directs each regulatory agency to establish an office to be responsible for regulatory planning and management. Requires any independent regulatory commission to submit any budget information or legislative recommendation to Congress concurrently upon submission to any officer or agency of the executive branch. Title II: Improving the Efficiency of Administrative Proceedings - Establishes a new procedure for administrative rulemaking and adjudication by United States Government agencies. States that such procedure shall apply to: (1) all adjudications; and (2) all rulemaking or licensing proceedings required by statute to be determined on the record after opportunity for an agency hearing except proceedings to withdraw, suspend, revoke, or annul a license. Provides two levels for the conduct of proceedings subject to this Act, a "general hearing process" and a "formal hearing" for the resolution of matters determined during the general hearing to involve general and substantial issues of fact which cannot be resolved at the general hearing and upon which the decision of the agency is likely to depend. Requires, for the general hearing process, the conduct of a hearing to afford parties an opportunity to submit written data, and, at the request of any party, an opportunity for oral argument. Enumerates the powers of the presiding employee at a general hearing. Authorizes such employee to cross-examine witnesses and to request the agency to consider and act on interlocutory appeals when action on such appeals would expedite final agency action. Directs the employee to: (1) oversee the expeditious completion of such hearing; and (2) provide a concise record of the important matters of the proceeding. States that no person who participates in the decision making of any proceeding or in a board or agency review of such decision may: (1) make ex parte communications; or (2) be responsible to or subject to the supervision of an employee or agent performing investigative or litigating functions for the agency. Allows an agency to prohibit an individual from appearing at a proceeding if the individual engages in unethical conduct or deliberate dilatory tactics. Authorizes an agency to subpoena any person or evidence as necessary. Sets forth the judicial procedure and civil penalty for persons who fail to comply with a subpoena. Requires each agency to maintain a public file of significant material concerning the major stages of a proceeding. Authorizes the presiding employee at a formal hearing to: (1) rule on offers of proof and receive relevant evidence; (2) require written testimony and arguments when oral testimony is not required; and (3) upon request, to issue a decision prior to completion of the hearing if there is no substantial dispute of fact. Authorizes each agency to establish employee boards to review the decisions of presiding employees. Directs each agency to specify the conditions under which it will accept an appeal of the decision of such a board, and specifies the conditions which enable an agency to review such a decision. Requires the Office of Personnel Management to test, register, and certify eligible candidates for the position of administrative law judge (hereinafter referred to as "judge"). Authorizes each agency to appoint a judge from the list of certified candidates. Directs the Administrator of the Administrative Conference of the U.S. to: (1) establish a performance appraisal system for evaluating judges at least once every ten years; and (2) establish performance and evaluation review boards to assist in setting up the appraisal system and in evaluating judges. Directs the Administrator to evaluate each judge before the expiration of the judge's ten-year term, and to make a recommendation on the reappointment of the judge. Requires each agency to reappoint a judge if the Administrator so recommends. Directs the Merit Systems Protection Board to remove, downgrade, or suspend a judge whose performance is found to be unacceptable. Provides for the transfer and reassignment of judges by the Administrator. Requires the President to nominate members of independent regulatory commissions by reason of their training and experience, and to appoint the chairman of each commission with the advice and consent of the Senate. Directs each agency to issue rules to implement this title within 150 days. Title III: Agency Review of Rules - Direct each agency to review annually one or more of its rules to determine whether continuation or amendment of the rule is in the public interest. Sets forth guidelines the agency should consider in selecting rules to review. Requires each agency to: (1) publish an agenda and the procedure for reviewing one or more rule every five years; (2) provide an opportunity for public comment on such rule; and (3) report the results of each review to Congress and the public. Requires the Director of the CBO to review the agency reports and oversee implementation of this Title. Title IV: Administrative Conference of the United States - Reorganizes the Administrative Conference. Makes the head of the Conference the Administrator who shall be appointed by the President with the advice and consent of the Senate for a four-year term. Grants the Administrator authority to appoint officers and employees and to prescribe their powers and duties as necessary. Sets forth the functions of the Conference which include: (1) studying and making recommendations on the adequacy of administrative procedures used by agencies to carry out regulatory functions; (2) monitoring agency compliance with such laws as the Freedom of Information Act and the Administrative Procedure Act; (3) compensating persons for the cost of participating in agency proceedings in certain cases; and (4) evaluating the performance of administrative law judges. Directs the Conference to submit an analysis of agency reports on regulatory activities to Congress, and to report to Congress on a study of providing incentives to participants to expedite agency proceedings. Establishes an Advisory Commission within the Conference.
United States · United States Congress · 31 January 1979
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to direct the Secretary of Health, Education, and Welfare to issue a social security card made of banknote paper to each individual at the time of issuing a social security account number to such individual.
United States · United States Congress · 29 January 1979
Amends the Act authorizing a highway bridge replacement and rehabilitation program to include bridges costing more than $1,000,000 to replace or rehabilitate located in States receiving the minimum apportionment within the Secretary of Transportation's discretionary aid program.
United States · United States Congress · 25 January 1979
Limits the power of any United States court to issue school transportation orders based on race, color, or national origin by requiring a determination that a discriminatory, educational purpose was a principal motivating factor in the constitutional violation for which such transportation is proposed as a remedy. Requires the holding of a special hearing where specific findings in relation to such a constitutional violation must be made before a school assignment order may issue. Stays such school assignment orders until all appeals have been exhausted, except that a majority of the Supreme Court or a majority of a court of appeals (of not less than three members) may vacate such stay. Provides guidelines for an appeal from such stay.
United States · United States Congress · 25 January 1979
Title I: Improvements in Adjustment Assistance for Workers - Amends the Trade Act of 1974 to require the Secretary of Labor to reconsider any denial of adjustment assistance for workers separated from employment up to 18 months before a petition for such assistance was granted. Authorizes workers separated from employment between October 3, 1974, and November 1, 1977, who previously did not file a petition for certification of eligibility for adjustment assistance, to file such a petition for consideration by the Secretary. Authorizes the Secretary to file such petitions on behalf of any group of workers, as well as by a group of workers or their representative. Requires the Secretary to certify a group of workers as eligible to apply for adjustment assistance if: (1) sales or production at their place of employment decrease or threaten to decrease due to increased imports; or (2) (A) at least 25 percent of the total sales or production of their firm consists of providing articles or services to an import-impacted firm, and (B) a significant number of workers have been or may be separated due to a decrease or threatened decrease of sales or production of articles or services for such an import-impacted firm. Directs the Secretary of Labor to provide information to the Secretary of Commerce regarding petitions for adjustment assistance filed by workers when the workers' firm has also filed for such assistance. Stipulates that no adjustment assistance shall be provided a worker until sales or production at the worker's firm have decreased absolutely. Provides for trade readjustment allowances to be made to workers who: (1) had been employed at least 26 weeks in the year prior to separation or 40 weeks in the two years prior to separation and (2) were part of a group certified as eligible for such assistance. Extends the time during which certain workers can continue to receive readjustment allowances. Directs the Secretary to establish experimental training programs for workers displaced by import competition. Requires the Secretary to report with recommendations to Congress by March 1, 1982, concerning the effectiveness of such training programs. Authorizes appropriations for such programs through fiscal year 1981. Increases the job search allowances and relocation allowances provided adversely affected workers. Revises the conditions for such allowances. Title II: Improvements in Adjustment Assistance to Firms - Amends the Trade Act of 1974 to authorize the Secretary of Commerce to certify firms, whose sales or production decrease or threaten to decrease due to increased imports, as eligible for adjustment assistance. Authorizes the Secretary to certify as eligible for such assistance those firms where at least 25 percent of their sales go to an import-impacted firm and significant numbers of workers have been or may be separated due to a decrease or threatened decrease of sales or production of articles or services for such an import-impacted firm. Requires the Secretary of Commerce to share information provided by firms petitioning for certification with the Secretary of Labor. Prohibits any assistance to firms until sales or production have decreased absolutely. Requires the Secretary of Commerce to provide technical assistance to firms preparing proposals for adjustment assistance. Increases the proportion of the cost the Secretary will bear for technical assistance furnished to firms through private individuals, firms, or institutions. Authorizes the Secretary to contract to pay to, or on behalf of, a borrower an amount to reduce the interest such borrower must pay on financial assistance loans guaranteed pursuant to this Act. Revises the conditions for financial assistance to adversely affected firms. Title III: General Provisions - Establishes a Commerce-Labor Adjustment Action Committee to coordinate the economic adjustment responsibilities of the Departments of Commerce and Labor and other Federal agencies. Authorizes the Secretary of Labor to make grants to unions and employee organizations concerning the design of an effective program of trade adjustment assistance for workers. Authorizes the Secretary of Commerce to: (1) make grants for industry-wide programs designed to improve economic efficiency; and (2) study those industries threatened by import competition.
United States · United States Congress · 25 January 1979
Alaska National Interest Lands Conservation Act of 1979 - Title I: Findings, Policy, and Definitions - Declares it the purpose of this Act to preserve for the benefit of present and future generations certain lands in the State of Alaska in order to: (1) preserve unrivaled scenic, geologic, and wildlife values; (2) perpetuate significant and diverse ecosystems; (3) protect and preserve cultural values of Native and non-Native people; (4) provide recreation; (5) maintain wilderness resource values; (6) preserve rivers; (7) maintain opportunities for research; and (8) utilize natural resources, consistent with sound ecological principals. Provides that: (1) intangible values should be considered on an equal basis with tangible values; (2) the management policies should cause the least adverse impact possible to people who depend on subsistence uses of resources; and (3) the interests of the State of Alaska and the Native Corporations shall be continuing considered in carrying out provisions of this Act to maintain a viable economy and provide employment for citizens of Alaska. Title II: National Park System - Designates as units of the National Park System: (1) Aniakchak National Monument; (2) Bering Land Bridge National Monument; (3) Cape Krusenstern National Monument; (4) Gates of the Arctic National Monument; (5) Kenai Fjords National Monument; Kobuk Valley National Monument; (7) Lake Clark National Monument; (8) Noatak National Monument; (9) Yukon-Charley National Monument; and (10) Katmai NAtional Monument. Expands and redesignates: (1) Mount McKinley National Park by the addition of Denali National Monument to be redesignated as Denali National Park; and (2) Glacier Bay National Monument by the addition of 40,000 acres to be redesignated as Glacier Bay National Park. Establishes as units of the National Park System: (1) Aniakchak National Preserve; (2) Lake Clark National Preserve; and (3) Noatak National Preserve; and (4) Wrangell-St. Elias National Preserve. Establishes and designates as units of the National Wilderness Preservation System certain lands in: (1) Aniakchak National Park and Preserve; (2) Bering Land Bridge National Park; (3) Cape Krusenstern National Park; (4) Denali National Park; (5) Gates of the Arctic National Park; the Arctic Wilderness; (6) Glacier Bay National Park; (7) Katmai National Park; (8) Kenai Fjords National Park; (9) Kobuk Valley National Park; (10) Lake Clark National Park and Preserve; (11) Noatak National Park; (12)Wrangell-Saint Elias National Park; and (13) Yukon-Charley National Park. Directs the Secretary of the Interior to study the nondesignated areas within the boundaries of the National Park System and report to the President and Congress on the suitability of all roadless areas for preservation as wilderness. Directs the Secretary of the Interior to administer all Alaska lands, waters, and interests in accordance with applicable laws and this Act. Incorporates the redesignated national monuments specified in this Act as part of the appropriate national park. Makes available for the appropriate national park any funds which were available for the corresponding monument. Subjects the portion of the Alaska Railroad right-of-way within Denali National Park to the applicable laws and regulations. Permits the continuation of reindeer within Bering Land Bridge National Park. Prohibits the Secretary, generally, from acting to restrict unreasonably the exercise of valid commercial fishing rights or privileges obtained pursuant to State or Federal law, with respect to the Malaspina Glacier area of Wrangell-Saint Elias National Park and the Dry Bay area of Glacier Bay National Park. Title III: National Wildlife Refuge System - Redesignates Becharof National Monument as Becharof National Wildlife Monument and Yukon Flats National Monument as Yukon Flats National Wildlife Monument. Designates as units of the National Wildlife Refuge System: (1) Alaska Maritime National Wildlife Refuge; (2) Alaska Peninsula National Wildlife Refuge; (3) Copper River National Wildlife Refuge; (4) Iliamna National Wildlife Refuge; (5) Innoko National Wildlife Refuge; (6) Kanuti National Wildlife Refuge; (7) Koyukuk National Wildlife Refuge; (8) Nowitna National Wildlife Refuge; (9) Selawik National Wildlife Refuge; (10) Teshekpuk National Wildlife Refuge; (11) Tetlin National Wildlife Refuge; and (12) Utukok National Wildlife Refuge. Expands the following units of the National Wildlife Refuge System: (1) Arctic National Wildlife Range; (2) Cape Newenham National Wildlife Refuge; (3) Clarence Rhode National Wildlife Range and Hazen Bay National Wildlife Refuge; and (4) Kenai National Moose Range. Designates as wilderness and components of the National Wilderness Preservation System certain lands in: (1) Alaska Maritime National Wildlife Refuge (to be known as Alaska Maritime Wilderness, Aleutian Islands Wilderness, Unimak Wilderness and Semidi Wilderness); (2) Alaska Peninsula National Wildlife Refuge (to be known as Pavlof Wilderness and Chiginagak Wilderness); (3) Arctic National Wildlife Range; (4) Becharof National Wildlife Monument; (5) Copper River National Wildlife Refuge; (6) Innoko National Wildlife Refuge; (7) Izembek National Wildlife Range; (8) Kanuti National Wildlife Refuge; (9) Kenai National Wildlife Range; (10) Kodiak National Wilderness Refuge; (11) Koyukuk National Wildlife Refuge; (12) Nowitna National Wildlife Refuge; (13) Nunivak National Wildlife Refuge; (14) Selawik National Wildlife Refuge; (15) Tetlin National Wildlife Refuge; (16) Togiak National Wildlife Range; (17) Yukon Delta National Wildlife Refuge (to be known as Andreafsky Wilderness and Kisaralik Wilderness); and (18) Yukon Flats National Wildlife Monument (to be known as Hodzana Wilderness and White Mountain Wilderness). Directs the Secretary of the Interior to review all areas within the National Wildlife Refuge System established or expanded by this Act as to their suitability for preservation as wilderness. Directs the President to advise Congress as to the Secretary of the Interior's recommendations. Declares that all Executive orders and other administrative actions which were in effect on the day before the date of enactment of this Act will remain in force, except to the extent that they are inconsistent with this Act or the Alaska Native Claims Settlement Act. Makes available for the purposes of any conservation unit established under this Act all funds that were previously available. Directs the Secretary of the Interior to administer each wildlife refuge subject to valid existing rights and in accordance with applicable law and this Act. Prohibits the Secretary from permitting uses or granting easements in the above-designated refuges which are not compatible with the major purposes of the refuge. Withdraws, subject to valid existing rights, all public lands in each refuge from all forms of appropriation under the mining laws and from operation of the mineral leasing laws. Authorizes the Secretary to permit oil and gas development under a leasing program. Directs the Secretary to undertake to enter into cooperative management agreements with Native Corporations, the State, or persons owning land within or adjacent to a refuge. States that each such agreement shall provide that the land subject to the agreement shall be managed by the owner in a manner compatible with the major purposes of the refuge, and in a manner which will not diminish opportunities for subsistence uses in the refuge. Sets forth terms and conditions for such agreements. States that the Congress finds that barren-ground caribou are a migratory species deserving special protection and that the Western Arctic and Porcupine herds of such caribou are of national and international significance. Directs the Secretary to conduct a study of the barren-ground caribou herds north of the Yukon River, and, acting through the Secretary of State, to initiate negotiations with the Government of Canada in order to enter into a treaty to protect the Porcupine caribou herd and its habitat. Directs the Secretary of the Interior to conduct an assessment of the bald eagle in the Chilkat River area in order to determine habitat use, dynamics of salmon runs on which the eagles feed, seasonal movement patterns, and effects on the eagle population of developments by man. Directs the Secretary to develop a proposal to conserve bald eagles and other wildlife in the region, insure compatible land uses, provide for land lease agreements to facilitate the proposal. Title IV: National Forest System - Expands as units of the National Forest System the Tongass National Forest and the Chugach National Forest. Designates as wilderness and components of the National Wilderness Preservation System certain lands in: (1) Chugach National Forest, to be known as Nellie Juan Wilderness; (2) Admiralty Island National Monument; (3) Tongass National Forest, (to be known as Endicott Wilderness, Etolin Island Wilderness, Idaho Inlet Wilderness, Karta Wilderness, and King Salmon Capes Wilderness; (4) Misty Fjords National Monument; (5) Tongass National Forest, to be known as Petersburg Creek-Duncan Canal Wilderness, Prince of Wales Wilderness, Rocky Pass Wilderness, Russell Fjord Wilderness, Stikine- LeConte Wilderness, South Baranof Wilderness, Tebenkof Wilderness, Tracy-Arms-Ford Terror Wilderness, and West Chichagof-Yakobi Wilderness. Directs the Secretary of Agriculture to study and report to the President and Congress in accordance with the Wilderness Act recommendations as to the suitability of the Western Prince William Sound for preservation as wilderness. Specifies that the provisions of this Act apply only to the lands within Alaska and nothing in this Act shall be interpreted to expand, diminish, or modify provisions of the Wilderness Act with respect to lands outside of Alaska. Allows the Secretary of Agriculture to permit fishery research, management, enhancement, and rehabilitation activities within national forest wilderness areas designated by this Act in accordance with the goal of restoring and maintaining anadromous fish production in the Tongass National Forest. Sets forth factors to be considered in allowing such activity. Directs that previously existing public use cabins within national forest wilderness may be permitted to continue subject to necessary restrictions deemed to preserve the wilderness character of the area. Authorizes the Secretary of Agriculture to construct and maintain a limited number of new cabins and shelters. Authorizes the Secretary of Agriculture to permit commercial fishery activities within national forest wilderness in accordance with principles of sound fisheries management. Directs the Secretary of Agriculture to modify any existing national forest timber sale contracts applying to lands designated by this Act as wilderness by substituting other national forest lands of corresponding quality, quantity, and access, to the extent practicable. Authorizes the Secretary of Agriculture to acquire timber rights to those lands selected for the village of Angoon under the Alaska Native Claims Settlement Act by purchase or exchange for timber rights elsewhere within the Tongass National Forest. Allows, at the election of the shareholders of Kootznoowoo, Inc., the conveyance of timber rights to lands selected by the corporation to the Secretary of Agriculture, and within one year after such a conveyance the conveyance to Kootznoowoo, Inc. of timber rights which are of equal value to those conveyed to the Secretary. Directs the Secretary of Agriculture to designate alternative lands, of equal or greater timber value, for the benefit of Shee Atika, Inc., in satisfaction of the rights of the Natives of Sitka as provided by the Alaska Native Claims Settlement Act. Specifies that such lands shall be located in southeast Alaska other than Admiralty Island. Sets forth procedures for conveyance of surface and subsurface rights, and the release of such rights. Directs the Secretary of the Interior to reimburse Shee Atika, Inc., Goldbelt, Inc., and Kootznoowoo, Inc. for reasonable and necessary land selection costs. Specifies that permits issued by the Forest Service, before the enactment of this Act, for a dwelling or campsite in the Admiralty Island National Monument, Misty Fjords National Monument, or any wilderness area, shall expire not later than ten years after the enactment of this Act. Provides a limited exception to such permit expiration for Thayer Lake Lodge. Amends the Alaska Native Claims Settlement Act to prohibit land conveyed to a Native Corporation pursuant to this Act or the Alaska National Interest Lands Conservation Act, which is within a contingency area designated in a U.S. timber sale contract, to be subject to such contract or to entry or timbering by the contractor. Prohibits a timber contractor form entering or cutting timber from land in a contingency area that has been withdrawn or selected by a Native Corporation until such Corporation has received all conveyances. Directs the Secretary of Agriculture to improve timber production from high quality timber growing sites in the Tongass National Forest through a program of precommercial thinning. Directs the Secretary of Agriculture to establish an insured or guaranteed loan program for purchasers of national forest materials in Alaska to assist such purchasers in the acquisition of equipment to use wood products which might not otherwise be utilized. Directs the Secretary of Agriculture to carry out a study and report to Congress to identify opportunities to increase timber yields on national forest lands in Alaska, and to reduce inefficient timber uses or waste of national forest produced fiber. Title V: National Wild and Scenic Rivers System - Amends the Wild and Scenic Rivers Act by adding to the Wild and Scenic Rivers System the following rivers (or segments thereof) which are outside the boundaries of other conservation system units: Birch Creek, Colville, Copper, Delta, Etivluk-Nigu, Fortymile, Gulkana, Alagnak, Killik, Nowitna, Stony, Unalakleet, and Yukon (Ramparts section). Adds to the system the following rivers (or segments thereof) which form the boundary of, or are within, any national preserves in Alaska: Aniakchak (including its major tributaries), Chilikadrotna, Mulchatna, Stony, and Telaquana. Adds to the system portions of the following rivers which form the boundary of, or are within, any national wildlife refuge in Alaska: Nowitna, Porcupine, Sheenjek, Andreafsky, Ivishak, Kanektok, Kisaralik, Wind, Beaver Creek, Copper, Selawik, Squirrel, and Utukok. Requires that detailed boundaries and development plans be established for specified rivers within one to three years of the date of enactment of this Act. Designates the following rivers to be studied for possible inclusion in the system: Holitna-Hoholitna, Ikpikpuk, Koyuk, Kuskokwim, Melozitna, Mulchatna, Nelchina-Tazlina, Nuyakuk, Situk, Susitna. Sets forth time requirements for completion of such studies. Authorizes the Secretary to seek cooperative agreements with the owners of non-Federal lands adjoining rivers which are newly designated units of the Wild and Scenic Rivers System. Permits the Secretary to establish a river protection zone extending two miles from the banks of such rivers. Withdraws the minerals in Federal lands within the boundaries of such rivers and within each such river protection zone from all forms of appropriation under United States mining laws. Authorizes the Secretary to permit the use of snowmobiles for customary purposes by local residents and by authorized subsistence users, if such use was occurring on or before January 1, 1979. Authorizes the Secretary to promulgate regulations to protect the quality and quantity of water in the Wulik River. Title VI: Federal-State Coordination - Establishes the Alaska Advisory Coordinating Council, cochaired by the Secretary of the Interior and the Governor of Alaska and composed of the Alaska field directors of the Federal land managing and planning agencies; the Commissioners of the Alaska Departments of Natural Resources, Fish and Game, and Environmental Conservation; and representatives from a Village Corporation and a Regional Corporation. Requires that all Council meetings be open to the public, with at least 15 days prior notice in the Federal Register and in newspapers of general circulation in Alaska. Directs the Council to conduct studies and advise the Secretary, other Federal agencies, the State, and Native Corporations regarding land and resource uses in Alaska, including natural resource management, economic development, and other land administration programs. Authorizes the Council to recommend cooperative planning and management zones where the management of lands or resources of one member materially affects another. Authorizes Federal members of the Council to enter into cooperative agreements with Federal agencies, with State and local agencies, and with Native Corporations for mutual consultation, review, and coordination of resource management plans within such zones. Authorizes the Secretary to provide technical and other assistance to landowners whose lands or resources are subject to a cooperative agreement, for fire control, trespass control, law enforcement, resource use, and planning. States that such assistance may be provided without reimbursement if the Secretary determines that doing so would further the purposes of the cooperative agreement and would be in the public interest. Provides that the Council will terminate in ten years, unless extended by Congress. Directs the Council to establish a citizens' advisory committee of land-use advisors. Establishes the Alaska Land Bank Program to facilitate the coordinated management and protection of Federal, State, and Native and other private lands. Authorizes certain private landowners to enter into agreements with the Secretary for ten years, with five year renewal periods, concerning the management of the affected lands. Sets forth required terms of such agreements, as well as benefits to private landowners. Provides, as to Native corporations and other persons or groups that have received or will receive lands or interests therein pursuant to the Alaska Native Claims Settlement Act on this title, immunity from adverse possession, Federal and State taxation, and judgment in any action at law or equity to recover sums owned or penalties incurred by any Native Corporation, or any officer, director, or stockholder of any such Corporation. Title VII: Subsistence - Declares the first priority of this Act to be consumptive uses of fishing and other renewable resources for nonwasteful subsistence uses by local rural residents. Stipulates that restrictions on the taking of populations of fish and wildlife on such lands for subsistence uses in order to protect the continued viability of such populations, or to continue such uses, shall be based on: (1) customary and direct dependence upon the populations as the mainstay of livelihood; (2) local residency; and (3) the availability of alternative resources. Directs the Secretary, if the State fails to do so, to establish: (1) at least seven Alaska subsistence resource regions which, taken together, include all public lands; (2) such local advisory committees within each region, as necessary, based upon a finding that the existing State fish and game advisory committees do not adequately assist in the preparation of the reports required of the regional councils; and (3) a regional advisory council in each subsistence region, to be composed of residents of the affected region. Sets forth the duties of such regional councils in regard to subsistence uses of fish and wildlife within the regions, including the preparation of annual reports to the Secretary. Requires that such reports contain identifications, evaluations and recommended strategies for the management of fish and wildlife populations within the regions, as well as recommendations concerning policies, standards, guidelines, and regulations to implement such strategies. Directs the Secretary to follow the advice of such councils unless he determines in writing that such advice is not supported by substantial evidence, violates recognized principles of fish and wildlife conservation, or would be detrimental to the satisfaction of subsistence needs. Directs the Secretary to take certain administrative action if it is determined that the program or implementation is not in compliance with this Act. Gives the Secretary authority to close public areas to all consumptive uses except subsistence uses by local residents. Sets forth procedures for hearings and appeal by the State. Gives the Secretary emergency authority to temporarily close any public land to subsistence uses if necessary for public safety, administration, or to insure the natural stability and continued productivity of one or more fish or wildlife populations. Authorizes the Secretary to enter into cooperative agreements or to otherwise cooperate with other Federal agencies, the State of Alaska, Native Corporations, and other appropriate persons and organizations, (including, through coordination with the Secretary of State, other nations) in order to protect subsistence resources and uses. Prohibits Federal agencies from withdrawal, reservation, lease, permit, or other use, occupancy or disposition of lands within their jurisdiction if the effect would be to significantly restrict the subsistence uses unless the head of the agency: (1) gives notice to the appropriate State agency, local committees and regional councils; (2) gives notice of, and holds, a hearing in the vicinity of the area involved; and (3) makes specific determinations regarding the purpose and the effect of the restriction. Directs the Secretary to insure the access to subsistence resources on public lands to persons engaged in subsistence uses. Directs the United States Fish and Wildlife Service and National Park Service to undertake research on fish and wildlife subsistence activities on the public lands. Title VIII: Administrative and Miscellaneous Provisions - Authorizes the Secretary to acquire by purchase, donation, or exchange any lands within the boundaries of any conservation system unit. Stipulates that land owned by the State, a political subdivision or a Native Corporation may only be acquired with their consent. Sets forth administrative provisions relating to such acquisitions. Allows the Secretary to permit on conservation system units the use of snow machines, motorboats, airplanes, and nonmotorized transportation methods, subject to reasonable regulation. Removes certain restrictions from sections of the North Slope Haul Road. Authorizes the Secretary to acquire up to 7,500 acres of archaeological or paleontological sites outside of the Cape Krusenstern National Park, Bering Land Bridge National Park, Kobuk Valley National Park, and the Yukon-Charley Rivers National Park. Requires the Secretary, prior to acquiring any such property in excess of 100 acres to submit notice of the proposed acquisition to the appropriate committees of the Congress, and publish notice of such proposed acquisition in the Federal Register. Directs the Secretary to provide advice, assistance, and technical expertise to an applying Native Corporation or Native Group for the purpose of preserving cultural resources, without regard to whether title to such resources is in the United States. Authorizes the Secretary to establish an information and education center for visitors to Alaska, on no more than 1,000 acres of land adjacent to the Alaska Highway. Authorizes the Secretary to establish such centers in Anchorage and Fairbanks, and authorizes the Secretary of Agriculture to establish such a center in Juneau, Ketchikan, or Sitka. Sets forth provisions relating to program planning, construction, operation and administration of such centers. Authorizes the Secretary to establish administrative sites and visitor facilities within the conservation units, if compatible, or outside the units. Directs the Secretary to locate such sites and facilities on Native lands where practicable and desirable. Sets forth the authorities of the Secretary in regard to establishing such sites and facilities. Directs the Secretary, under reasonable terms, to permit a person who on or before January 1, 1979, was adequately providing any type of visitor service to a conservation system unit, to continue providing the services if they are consistent with the purposes of the unit. Requires that the Secretary, in selecting persons to provide visitor services, give preference to Native Corporations most directly affected by the conservation system unit, and local residents. Directs the Secretary to establish a local-hire program, under which the Secretary will consider for selection qualified local residents to positions in any of the units, without regard to civil service regulations which require minimum periods of formal training or experience, other preference provisions, or numerical limitations on personnel. Requires the Secretary to submit annual reports and recommendations to Congress on such program. Requires the Secretary to prepare detailed management plans for national park and wildlife refuge units and submit them to Congress within five years of the date of enactment of this Act. Sets forth requirements for such plans, factors which must be considered, public hearings requirements, and requirements for reports to the appropriate committees of Congress. Closes all areas of the National Park System in Alaska to the taking of fish and wildlife, except for authorized subsistence use, fishing, and sport hunting as the Secretary may permit within national preserves. Stipulates that other conservation units will be subject to applicable Federal and State law. Requires that the boundary maps described in this Act shall be on file and available for public inspection in the office of the Secretary of Interior and Secretary of Agriculture. Specifies that in the event of discrepancies between the acreages stated in this Act and those depicted on such maps, the maps shall be controlling. Prohibits the boundaries of areas added to the national systems to extend beyond the mean high tide line to include lands owned by the State unless the State concurs. Directs that a map and legal description of each change in land management status effected by this Act be published in the Federal Register and filed with the Speaker of the House of Representatives and the President of the Senate, and that each such description shall have the same force as if included in this Act. Directs that the Secretary shall make each such map and description available for public inspection. Authorizes the Secretary of the Interior and the Secretary of Agriculture to make minor adjustments in the boundaries or areas added to or established by this Act, as appropriate, following reasonable notice in writing to Congress. Permits reasonable access to and operation and maintenance of existing air and navigation aids and facilities for weather, climate, and fisheries research and monitoring in accordance with applicable law. Authorizes reasonable access to and operation and maintenance of, existing facilities for national defense purposes, notwithstanding any other provision of this Act. Permits the establishment of new facilities for national defense purposes within any conservation unit after consultation with the Secretary of the Interior and the Secretary of Agriculture by the head of the applicable Federal department, in accordance with terms and conditions as may be mutually agreed in order to minimize the adverse effects within such unit. Amends the Act to authorize the Secretary of the Interior to establish the Klondike Gold Rush National Historical Park to provide that lands owned by the State or any political subdivision may be acquired by exchange or donation and that the State may include minerals in any such transaction. Withdraws all public lands within a specified area near the Denali National Park from all forms of entry or appropriation under the mining laws and from operation of mineral leasing laws of the United States, for the purpose of establishing Denali Scenic Highway. Directs the Secretary to study the desirability of establishing a Denali Scenic Highway and within three years after the date of enactment to report to the President, who shall advise the President of the Senate and the Speaker of the House of Representatives of any legislation to create such a scenic highway (if so recommended). Stipulates that a holder of a permit to use any conservation system shall be strictly liable for damage to any lands, fish, wildlife or other renewable resource, unless such damage was caused by an act of war or the negligence of the United States. Limits damages for such strict liability to $50,000,000 for any one incident. Exempts the State from strict liability. Withdraws all public lands within the conservation system units in Alaska, subject to valid existing rights, from the mining and mineral leasing laws of the United States. Directs any holder of a valid existing mineral claim or lease to exercise their rights in accordance with regulations promulgated by the Secretary to assure such activities are compatible with the conservation unit. Denies valid lease status to certain noncompetitive oil and gas leases. Allows any holder of a mining claim who feels he has suffered loss to bring an action against the United States in the U.S. District Court for Alaska. Directs the Secretary to assess the oil, gas, and other mineral potential on all public lands in the State of Alaska in order to expand the data base with respect to mineral potential of such lands. Authorizes the appropriations of such sums as may be necessary to carry out the provisions of this Act for fiscal years beginning after fiscal year 1979. Title IX: Improvements in Administration of the Alaska Native Claims Settlement Act - Amends the Alaska Native Claims Settlement Act to cancel all stock issued previous to December 18, 1991, and to issue shares of appropriate class stock to each stockholder. Makes further provisions for permissible restrictions on stockholders; amendments to the articles of incorporation; and stock alienation, annual audits, and transfer of stock ownership. Provides for the taxation of revenues or proceeds derived from real property interests and capital gain or loss on subsequent sale or disposition of land received pursuant to this Act. Includes provisions for: (1) the selection of land by a Village Corporation where the lands selected and conveyed are insufficient to fulfill the Corporation's entitlements; (2) the selection of land by Regional Corporations where the public lands consist only of the mineral estate; and (3) the conveyance of fee title of existing cemetery and historical places in appropriate Regional Corporations. Disentitles any Regional Corporation which asserts a claim with the Secretary to certain subsurface estate of lands selected under such Act which are in a Wildlife Refuge, to any in lieu surface or subsurface estate. Requires that any such claim must be asserted within 180 days after enactment of this Act. Stipulates that all funds received from certain uses of lands withdrawn for selection by a Corporation shall be deposited in an escrow account until lands selected have been conveyed to the receiving corporation and that such proceeds shall be paid, together with interest accrued, to the appropriate Corporation or individual upon such conveyance. Allows the Secretary, upon the request of a Village Corporation, to waive the requirement of such Act which requires that a Corporation select land in whole sections (and that natural features are to be used as boundaries) where such waiver is justified and appears to be beneficial. States that fire protection of Native land provided by the Department of the Interior shall cover wildland. Makes provisions for the conveyance of real property by a Village Corporation to a shareholder of such Corporation to provide homesites and for the reconveyance of less than 1,280 acres by a Village Corporation to a Municipal Corporation or the State in trust. Directs the Secretary to pay by grant to certified Native Group Corporations an amount not more than $100,000 or less than $50,000 for planning, development, or other authorized purposes. Requires that payments under such Act shall be deposited into the Alaska Native Fund on the first day of the fiscal year for which the monies are appropriated and shall be distributed at the end of the first quarter of the fiscal year. Allows the State or a Native Corporation to relinquish its rights in a valid selection of land which is partly within the boundary of a conservation system unit and to select an equal acreage of other lands which are available for such purpose. Withdraws from further entry all lands located in patented townsites or which are the subject of an application for patent on the date of enactment. Provides for the conveyance of unoccupied townsite lands. Requires the Secretary to act on any pending townsites entry and to issue patent, if appropriate, to the townsite trustee. Directs the Secretary to negotiate with specified Native Corporations for boundaries and prices of certain areas of the Pribilof Islands group to be included in the Alaska Maritime National Wildlife Refuge. Lists specified lands of: (1) the Nana/Cook Inlet Regional Corporation, the Ahtna Regional Corporation, and the Bering Straits Regional Corporation to be withdrawn for selection, and (2) the Doyon Regional Corporation to be exchanged for lands relinquished. Requires the Hodzana River area to be managed as a study area by the Fish and Wildlife Service in cooperation with Doyon, Limited. Lists lands, previously selected by Doyon, Limited, which such corporation may identify in partial satisfaction of its entitlement under such Act. Provides for the settlement of certain claims and litigation to implement such Act under the unique circumstances of the Native Village of Eklutna. Directs the Secretary to convey the surface and subsurface estates of specified lands on Afognak Island to Koniag, Incorporated. Extends for 36 months the Secretary's obligation to convey specified lands to the Cook Inlet Region, Incorporated. Conveys to a Village Corporation found eligible by the Secretary of Interior, the surface estate to public land in its "core" township or townships (towns or townships in which the Native Villages are located). Stipulates that where two or more corporations have claim to the same township, the conveyance is delayed until an arbitration decision or other binding agreement between or among the Corporations is filed with and published by the Secretary. Conveys to a Village Corporation found eligible by the Secretary, the surface estate to certain lands in the "core" township. Conveys the surface and subsurface estate in the former Indian Reserve to certain village Corporations. Excludes the Village Corporation for the Native Village of Klukwan from such conveyances. Conveys the subsurface estate in "core" townships conveyed to Village Corporations, to Regional Corporations to the extent they would otherwise have obtained such subsurface estate pursuant to the Alaska Native Claims Settlement Act. Permits Native Corporations to utilize an expedited conveyance procedure, and sets forth such procedure. Requires Native Corporations choosing to utilize such procedure to file with the Secretary lists of their conveyance priorities. Sets forth administrative provisions concerning: (1) easements on core township lands, other lands, and acquisition of future easements; (2) status of certain lease offers; (3) extension of the moratorium on State taxation of undeveloped and improved lands; and (4) State selection and conveyances. Approves Alaska Native allotment applications which were pending before the Department of the Interior on December 18, 1971, and which describe land that was unreserved on December 13, 1968, except when provided otherwise by the applicable provisions of this Act. Makes exceptions to such approval for: (1) allotment applications describing land within the boundaries of a conservation system unit established before or by this Act and the described land not withdrawn; (2) allotment applications describing land patented or deeded to the State of Alaska, or land selected by, or tentatively approved or confirmed to the State of Alaska as of December 18, 1971 and not withdrawn; (3) allotment applications where a Native Corporation files a protest stating the applicant is not entitled and the land is withdrawn for selection by the Corporation; (4) allotment applications where the State of Alaska files a protest stating the land in the allotment application is necessary for access to public lands; (5) allotment applications where a person or entity files a protest and the land is a situs of an improvement by that person or entity; and (6) an allotment application that was pending before the Department of the Interior on December 18, 1971, which was knowingly and voluntarily relinquished by the applicant. Sets forth procedures for the Secretary to adjust descriptions of lands in allotment applications to eliminate conflicts. Allows the allotment applicant to amend the land description in the allotment if such description describes land that the applicant did not intend to claim. Directs the Secretary to notify the State and all interested parties of such intended correction and gives parties an opportunity to file a protest. Deems vacant, unappropriated and unreserved land described in an allotment application pending before the Department of the Interior on December 18, 1971, which was at such time withdrawn, reserved, or classified for powersite or power-project purposes unless the described land is included as part of a project under the Federal Power Act or is presently utilized for purposes of transmitting or generating electrical power. Reserves such land to be alloted subject to a right or reentry for a 20-year period after the effective date of this Act. Directs the Secretary to identify and adjudicate any record entry or application for title made under an Act other than the Alaska Native Claims Settlement Act, the Alaska Statehood Act, or the Act of May 17, 1906, prior to issuing a certificate for an allotment subject to this Act. Directs the Secretary to determine whether such entry or application represents a valid existing right. Disallows the affecting of existing rights acquired by actual use of the described lands prior to its withdrawal or classification. Title X: National Need Mineral Activity Recommendation Process - Allows the President to make recommendations to the Congress that mineral exploration, development, or extraction not permitted by this Act or other applicable law shall be permitted 90 days after notice of such recommendation has been published in the Federal Register. Requires that a report containing specified information be submitted to Congress together with such recommendation. Stipulates that any such recommendation shall take effect only upon enactment of a joint resolution within 120 calendar days of continuous session of Congress beginning on the date of receipt by the Senate and House of Representatives of the recommendation. Sets forth Congressional procedures with respect to such Presidential recommendation.
United States · United States Congress · 23 January 1979
Victims of Crime Act of 1979 - Establishes a nine-member, part-time Advisory Committee on Victims of Crime to advise the Attorney General with respect to the administration of this Act and the compensation of victims of crime. Directs the Attorney General to make grants to qualified State programs for the compensation of victims of crime. States that such grants shall total: (1) 25 percent of the allowable compensation paid to victims and dependent survivors of victims of State crimes designated by the State as appropriate for compensation under this program; and (2) 100 percent of the allowable compensation paid to victims and survivors of victims of crimes which would constitute designated State crimes except for the fact that the crime is subject to exclusive Federal jurisdiction. Specifies criteria for a State plan to qualify under this Act, including that such plan: (1) offers compensation for personal injuries suffered as a result of certain State and Federal crimes; (2) offers compensation to surviving dependents of any person whose death resulted from being victim to such a crime; (3) grants claimants the right to a hearing; (4) requires cooperation with law enforcement agencies as a condition for recovery; (5) does not have a financial means test; (6) subrogates the State to any claim the victim or dependent has against the perpetrator to the extent of the amount compensated by the State; (7) does not require claimants to seek welfare benefits; (8) denies or reduces any claim where the victim or claimant contributed to the death or injury; (9) may require the criminal by State law or rule to make restitution to the victim; and (10) does not require that any person be apprehended or convicted of the crime giving rise to the claim. Permits States with programs not in compliance with this Act to remain eligible for grants under this Act until the day after the close of the first regular State legislative session that begins after the effective date of this Act. Sets forth specified expenses that may not be included in the State program's cost of paying compensation when determining the amount of the grant for which such program is eligible. Directs the Attorney General to submit annual reports to the House and Senate Judiciary Committees with respect to each qualifying State program, and the activities of the Attorney General in carrying out this Act. Requires the Attorney General to report to Congress on the appropriateness of requiring State laws which prevent criminal wrongdoers from enjoying profits made from publicity surrounding their wrongdoing.
United States · United States Congress · 15 January 1979
Sunset Act of 1979 - Title I: Reauthorizations of Government Programs - Sets forth a ten-year schedule for reauthorization of all Federal programs according to budget function and subfunction as set forth in the Budget of the United States Government for Fiscal Year 1979. Sets forth the procedure in the House of Representatives and the Senate for the consideration of any bill, resolution, or amendment which authorizes new budget authority. States that it is not in order for either House to consider any legislation which authorizes the enactment of new budget authority for a program for a period of more than ten years, for an indefinite period, or for any fiscal year beginning after the next reauthorization date applicable to such program. Provides that before the Congress can appropriate funds for any program, after its first reauthorization date, there must be a specific authorization in law to support the appropriation. Requires the committees of the Senate and House of Representatives to conduct a sunset review of programs during the Congress in which such programs are scheduled for review. Requires that the report accompanying such reauthorization contain specified information, and that the report be completed during the Congress in which the program is scheduled for reauthorization. Exempts from the requirements of this Act specified programs such as interest on Federal debts, health care services, general retirement and disability payments, as well as litigation activities which have as their objectives the protection and implementation of civil rights guaranteed by the Constitution of the United States and specified retirement pay and benefits. Allows the reauthorization schedule set forth in this Act to be changed by concurrent resolution of the two Houses of Congress and sets forth the procedure for such change. Requires all legislation and other matters related to changes in the dates for programs under this Act to be referred to the committee with legislative jurisdiction over any program affected by the proposal and, sequentially, to the Committee on Rules in the House of Representatives and to the Committee on Rules and Administration in the Senate. Requires such committees to report any concurrent resolution or bill referred to it by a committee of legislative jurisdiction within 30 days, with a statement on each of its recommendations. Makes provisions for any proposed change which has been reported by a committee before June 1, 1980. Title II: Program Inventory - Directs the Comptroller General and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service, to prepare an inventory of Federal programs. Declares that the purpose of such program inventory is to advise and assist Congress in carrying out the reauthorization and reexamination requirements and to link such reauthorization and review process with the budget process. Requires the Comptroller General to submit such program inventory to each House of Congress no later than January 1, 1980. Sets forth the contents of the inventory program, including the type of authorization provided for such programs' new budget authority, and the manner in which related program areas may be grouped for evaluation and review. Permits the congressional committees, the Congressional Budget Office, and the Congressional Research Service to review the program inventory and suggest revisions. Requires that the program inventory be revised at the end of each session of Congress, and that such revisions be reported to each House. Requires that periodic reports tabulate the progress of congressional action on bills and resolutions authorizing budget authority for programs in the inventory. Requires the Comptroller General and the Director of the Congressional Budget Office to submit periodic reports to the Congress on the adequacy of the functional and subfunctional categories for grouping programs of like missions or objectives. Title III: Program Reexamination - Requires each committee of the Senate and the House of Representatives to reexamine selected programs or groups of programs over which it has jurisdiction. Sets forth procedures for such review, and criteria for selection of program areas for evaluation. Directs each Senate committee to consult with the appropriate committees of either the House of Representatives or the Senate in order to achieve coordination of program reevaluation and inform itself of the related activities of or available assistance from the General Accounting Office, the Congressional Budget Office, the Congressional Research Service, the Office of Technology Assessment, and appropriate instrumentalities in the executive and judicial branches. Requires each Senate committee to deliver a report on the reexamination to the Secretary of the Senate at the date specified in the funding resolution first reported by such committee in 1981, and thereafter reported for the first session of each Congress. Allows two or more committees which have legislative jurisdiction over the same programs or portions of the same programs to examine such programs jointly and submit a joint report. Stipulates that such report: (1) contain the findings, recommendations, and justifications of the program; and (2) include specified information including, but not limited to, an assessment of the cost-effectiveness of the program and an identification of any trends, developments, and emerging conditions which are likely to affect the nature and extent of the problems or needs which the program is intended to address. Requires each executive department or agency which is responsible for a program selected for reexamination to submit a report to the Office of Management and Budget and to the appropriate committees of the Congress on its findings, recommendations, and justifications of specified aspects of the program. Title IV: Citizens' Commission on the Organization and Operation of Government - Establishes, as an independent instrumentality of the United States, the Citizens' Commission on the Organization and Operation of Government to conduct a nonpartisan study and investigation of the organization and methods of operation of all departments, agencies, independent instrumentalities, and other authorities of the executive branch of the Government, and to make such recommendations as it determines are necessary to promote economic, efficient and improved services in the transaction of public business. Requires the Commission to submit interim reports to the President and the Congress, and to submit a final report with its findings and recommendations. Requires the Comptroller General to report once a year for two years after submission of the Commission's final report on the status of actions taken as a result of the report. Specifies the composition of the 15-member Commission and sets forth the duties and powers of the Commission. States that the Commission shall cease to exist 90 days after submission of its final report. Authorizes to be appropriated until September 30, 1984, without fiscal year limitations, $4,000,000 to carry out the provisions of this Title. Title V: Regulatory Impact - Requires the President to submit, at the beginning of each of the five Congresses beginning with the 97th Congress, an analysis of the purpose, function, and efficiency of 16 specified regulatory agencies. Requires the President to submit legislative plans, based on such analyses, for the improvement of operations of such agencies. Establishes a schedule according to which plans for specified agencies will be submitted early in each of the five Congresses for which the required analyses are submitted. Directs the President, with each plan, to submit a report on the cumulative impact of government regulatory activity on specific industry groupings. Directs the Comptroller General and the Director of the Congressional Budget Office to assess each of the agencies included in the President's plans and to analyze such plans, and submit such information to the Congress. Title VI: Government Accountability - Requires the President, beginning with the first year of the 97th Congress, to submit biennially, as a part of the budget, a report on the management of the executive branch. Requires the Director of the Office of Management and Budget to provide an evaluative report on Federal programs to the President to be included with the President's report. Title VII: Miscellaneous - Amends the Budget and Accounting Act of 1921 to permit the committees of Congress to obtain from the agencies of the government estimates or requests for appropriations or requests for increases in an item of any such estimate or request, and recommendations as to how the revenue needs of the government should be met. Declares that nothing shall require the public disclosure of records which are specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and are in fact properly classified pursuant to such Executive order, or which are otherwise specifically protected by law. Provides that the committees of the Senate or the House of Representatives shall not be required to publicly disclose any such records, except as otherwise provided by the rules of either House. Sets forth administrative procedures and requirements. Directs the President, with the cooperation of the head of each appropriate agency, to submit to the Congress a "Regulatory Duplication and Conflicts Report" for all programs scheduled for reauthorization in the next Congress. Stipulates that each such report identify duplicative or conflicting rules and regulations promulgated by executive departments, independent agencies, and State and local governments and contain recommendations which address such conflicts or duplications. Defines the term "required authorization waiver resolution" for purposes of this Act. Sets forth the procedure which the chairman of the committee of the Senate or the House of Representatives having legislative jurisdiction over programs must follow in order to introduce a required authorization waiver resolution. Makes it the duty of the Committees on Governmental Affairs and on Rules and Administration of the Senate and the Committees on Government Operations and on Rules of the House of Representatives to review the operation of the procedures established by this Act and to submit a report every five years beginning December 31, 1986. Authorizes to be appropriated through fiscal year 1990 such sums as may be necessary to carry out the review requirements and for the compilation of the inventory of Federal programs.
United States · United States Congress · 27 September 1978
Motor Vehicle Theft Prevention Act - Title I: Findings and Purposes - States the findings and purposes of the Act. Title II: Improved Security for Motor Vehicles and Their Parts - Authorizes the Secretary of Transportation to establish standards for motor vehicle safety which include standards to reduce motor vehicle theft by taking into account: (1) the costs and benefits of implementing such standards; (2) the effect of such implementation on automobile insurance costs; (3) savings in terms of time and convenience; and (4) safety considerations. Title III: Antifencing Measures - Establishes penalties for anyone who knowingly removes, obliterates, tampers with, or alters any identification number for any motor vehicle or motor vehicle part required under Department of Transportation regulations. Requires the forfeiture of such motor vehicle or motor vehicle part to the United States, but provides for mitigation of forfeiture whenever an interested person makes an appropriate petition. Establishes penalties for anyone who buys, receives, possesses, or obtains control of, with intent to sell or otherwise dispose of, any motor vehicle or motor vehicle part knowing that such identification number has been removed or altered. Designates as nonmailable matter any manipulative type device which is designed or adapted to operate, circumvent, remove, or render inoperative the ignition switch or lock, or door or truck lock of two or more motor vehicles, or any advertisement for the sale of such device. Title IV: Importation and Exportation Measures - Establishes criminal and civil penalties for anyone who imports, exports, or attempts to import or export any motor vehicle, vessel, aircraft, or part knowing it has been stolen, or any motor vehicle or motor vehicle part knowing that its identification number has been altered. Requires persons who export or attempt to export a used motor vehicle to present to the appropriate customs officer the vehicle and a document describing that vehicle. Authorizes customs officers to carry firearms, execute and serve search and arrest warrants, serve subpoenas and summonses, and make arrests. Title V: Reporting Requirements - Directs the Attorney General, after consultation with the Secretaries of Agriculture, Commerce, Transportation, and the Treasury, to report to Congress on developments in vehicle identification of off-road motor vehicles.
United States · United States Congress · 14 August 1978
Real Property Tax Reduction Act - Makes findings regarding the real property tax system and its impact on the elderly and low or moderate income homeowner or renter. Declares the purpose of this Act to be the encouragement of State and local governments, with Federal financial assistance, to establish a program of property tax relief for the elderly, poor, and renters who pay such tax as part of their rent. Authorizes the Secretary of the Treasury to make payments to States or local governments which establish programs which provide levels of property tax relief based upon the income of an individual homeowner or renter. Places limitations on the amount of payments which a State or locality may receive. Establishes procedures for review of an application for Federal payments under this Act by the Secretary and provides for an appeal to a United States court of appeals of an unfavorable determination by the Secretary.
United States · United States Congress · 8 August 1978
Amends the Internal Revenue Code to allow a one-time tax exclusion of up to $100,000 of the gain from the sale or exchange of a property used by a taxpayer as his principal residence for at least two years during the three year period prior to the date of the sale or exchange.
United States · United States Congress · 27 July 1978
Emergency State and Local Prison Compliance Assistance Act - Authorizes the Attorney General, under regulations to be prescribed after consultation with the Director of the Bureau of Prisons, to make grants to States and units of local government for the construction and modernization of correctional facilities. Limits eligibility for such grants to States or local governments that are subject to a Federal court decision declaring a correctional facility unfit for human habitation due to its physical condition and ordering that such conditions be eliminated or that the inmate population be reduced.
United States · United States Congress · 20 July 1978
Directs the Civil Aeronautics Board to immediately dissolve the Airlines Mutual Aid Pact. Directs the Board to study the collective bargaining process within the airline industry and to make recommendations to Congress within six months on methods of alleviating the occurrence of protracted airline strikes.
United States · United States Congress · 13 July 1978
Expresses the support of the Senate for the nomination of the Public Groups to Promote Observance of the Helsinki Agreement in the Union of Soviet Socialist Republics for the 1978 Nobel Peace Prize.
United States · United States Congress · 13 June 1978
Authorizes the Administrator of Veterans' Affairs to establish a national cemetery (to be part of the National Cemetery System) on the Delmarva Peninsula, and to acquire such lands in Delaware, Maryland, or Virginia, as may be required for such national cemetery.
United States · United States Congress · 8 June 1978
Directs the Administrator of Veterans' Affairs to pay dependency and indemnity compensation to the survivors of any veteran who was rated totally and permanently service-connected disabled for at least ten years as though the cause of death were service-connected.
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