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 · 8 March 1979
Elderly and Handicapped Housing Act of 1979 - Amends the Housing Act of 1959 to increase the debt limitation to $5,760,000,000 by October 1, 1981, on obligations issued by the Secretary of Housing and Urban Development in order to finance the loan program for housing and related facilities for the elderly and handicapped. Authorizes the Secretary to consider, in reviewing loan applications under such Act, the extent to which a project will: (1) stabilize or revitalize a community; (2) serve as relocation housing for displaced elderly and handicapped families; and (3) economically rehabilitate structures with architectural, historical, or cultural significance. Directs the Secretary to provide technical assistance to inexperienced applicants, particularly members of minorities, in order to enable them to more fully participate in the loan program. Requires the Secretary to adjust the amount of monthly assistance payments, authorized by the United States Housing Act of 1937, extended to a project receiving a loan, to reflect any change in the interest rate between the date such assistance was reserved and the date of settlement on permanent financing for the project. Requires the Secretary to transmit a report to the Congress on means to reduce the costs of the loan program without unduly burdening sponsors or reducing its effectiveness.
United States · United States Congress · 7 March 1979
National Water Supply Act of 1979 - Directs the Secretary of the Army, through the Chief of Engineers: (1) to survey the need for water storage and desalinization projects at the request of either the Senate Committee on Environment and Public Works or the House Committee on Public Works and Transportation; and (2) to construct such projects after receiving specific authorization. Provides for the repayment of water supply project costs by the water users.
United States · United States Congress · 7 March 1979
Amends the Watershed Protection and Flood Prevention Act to set a limitation of $10,000,000 for the Federal contribution for the construction of any flood prevention, water conservation, or land conservation project, which has been approved by the Senate Committee on Environment and Public Works and the House Committee on Public Works and Transportation. Stipulates that each such project must contain benefits directly related to agriculture that account for at least 20 percent of the total benefits of the project. Directs the Secretary of Agriculture, acting through the Administrator of the Soil Conservation Service to report by April 1, 1980, to the appropriate committees of the Senate and House of Representatives regarding the feasibility, desirability, and the public interest involved in requiring that full public access be provided to specified water impoundments that have a recreational-related potential.
United States · United States Congress · 7 March 1979
Amends the John F. Kennedy Center Act to permit the distribution of free or reduced admission tickets: (1) to persons aged 65 or older; (2) to persons who otherwise could not afford to attend such events; (3) when tickets could not reasonably be expected to be sold at the regular price 24 hours before a particular performance; and (4) to the President of the United States and his party.
United States · United States Congress · 7 March 1979
Directs the Secretary of the Army or the Secretary of Agriculture to enter into agreements providing for owner contributions to public works projects which will produce increased land values for the owner. Repeals the provision abolishing tolls on government canals. Limits the Secretary of the Army's authority to maintain and rehabilitate navigation projects without congressional authorization. Stipulates that reports to the appropriate congressional committees contain information concerning: (1) the possibility of failure of dam facilities; and (2) the impact on existing recreational facilities of projects including recreation benefits. Directs the Secretary of Transportation to be responsible for all calculations of transportation-related benefits for future water resources projects. Provides for the rescission and deauthorization of public works surveys which have not been made within a specified time or have an inactive or deferred status. Establishes an Advisory Board on Water Resources Complaints to evaluate complaints of adverse impact of water resources projects and make recommendations regarding any requested mitigation. Requires the Board to periodically report to specified congressional committees.
United States · United States Congress · 5 March 1979
Relieves the Vermejo Conservancy District in New Mexico of all liability to the United States for construction, operation, and maintenance of the Vermejo reclamation project.
United States · United States Congress · 5 March 1979
Amends the Act providing for a national dam inspection program to repeal the provision limiting the coverage of such Act to dams of a specified size. Exempts dams located in States with an approved dam safety program from the Secretary of the Army's national inspection program. Authorizes appropriations to carry out such Act through fiscal year 1982. Sets forth the formula for distributing such funds among the States. Directs the Secretary to provide assistance to States maintaining approved dam safety programs. Specifies the standards such program must meet. Directs the Secretary to provide guarantees to insurers in order to enable dam owners, in States with approved dam safety programs, to obtain liability insurance at reasonable rates. Requires the Secretary, with the Secretary of the Treasury, to report to Congress with any recommendations for a more comprehensive dam safety insurance program. Authorizes appropriations for a revolving fund to be used for loans to dam owners making dam repairs or other safety improvements. Authorizes the establishment of a Federal Dam Safety Review Board to be responsible for reviewing dam safety procedures and monitoring State implementation of this Act. Directs the Secretary: (1) to provide training for State dam safety inspectors; and (2) to develop improved dam inspection techniques.
United States · United States Congress · 26 February 1979
Archaeological Resources Protection Act of 1979 - Authorizes the Secretary of any Department or head of any agency of the United States to issue a permit for excavation and/or removal of any archaeological resource located on land owned or controlled by the United States pursuant to regulations set forth by the Secretary of the Interior. Directs the Secretary to whom such application is made to determine that: (1) the applicant is qualified to carry out the activity; (2) the activity furthers archaeological knowledge; and (3) the resources, records, and data involved in the excavation will be preserved for a period of time by a suitable university, museum, or other scientific or educational institution. Allows the Secretary to refuse to issue a permit or suspend a permit to any applicant against whom a civil penalty has been assessed or who has been convicted of a violation of any prohibited act as set forth in this Act. Prohibits any person from: (1) injuring any such resource except to the extent necessary in connection with excavations or removal; and (2) selling, purchasing, exchanging, transporting, receiving, or possessing any archaeological resource removed from land owned or controlled by the United States in violation of any provision, rule, regulation, or permit in effect under State or local law. Sets forth the penalties for the violation of any prohibition contained in this Act. Authorizes the Secretary of the Treasury to pay an amount, not to exceed $2,500, to any person who furnishes information leading to the finding of civil violation or conviction of criminal violation of the prohibitions set forth in this Act. Subjects all archaeological resources and vehicles and equipment used in violation of this Act to forfeiture to the United States. Directs the Secretary of the Interior to study and report to Congress concerning the regulation of excavation and removal of archaeological resources from Indian lands. Specifies that information concerning the location of any archaeological resource for the excavation or removal of which a permit is required shall be confidential. Declares that nothing in this Act shall be construed to repeal, modify or interfere with the mining and mineral leasing laws of the United States.
United States · United States Congress · 26 February 1979
Medicare Home Health Amendments of 1979 - Amends title XVIII (Medicare) of the Social Security Act to remove the 100 visit limitation presently applicable to home health services under such title. Includes occupational therapy as a home health service. Permits a physician's assistant or nurse practitioner, who is supervised by a physician, to establish a plan of care for a home health patient living in a rural area. Eliminates prior hospitalization as a condition for receiving home health services. Requires home health aides to complete a training program developed by the Secretary of Health, Education, and Welfare. Requires each home health agency to submit a bimonthly bill which lists all services provided each individual receiving services from such agency. Directs the Secretary to: (1) designate regional agencies to monitor home health agency costs; (2) establish guidelines to be used in determining the reasonable cost of home health services; (3) monitor the costs of home health services; (4) report to Congress on the frequency of use of home health services by individuals eligible for Medicare benefits; and (5) establish demonstration projects to test the effectiveness of agency or multiagency utilization review committees in ensuring the medical necessity, cost efficiency, and appropriate use of home health services.
United States · United States Congress · 22 February 1979
Equal Employment Opportunity for the Handicapped Act of 1979 - Amends the Civil Rights Act of 1964 to include discrimination of the handicapped as an unlawful employment practice. Permits such discrimination pursuant to a bona fide seniority or merit system or as a bona fide occupational qualification. Authorizes courts to order the hiring or reinstatement or paying of back pay to anyone discriminated against on the basis of their handicap. Prohibits discrimination in Federal employment of the handicapped. Authorizes civil actions for such discrimination.
United States · United States Congress · 22 February 1979
Expresses the sense of the Senate that the President should immediately: (1) initiate measures to increase energy supplies and reduce demands, and (2) present plans to Congress for maintaining the balance of supply and demand and for rationing gasoline in the event of protracted energy supply problems.
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 · 9 February 1979
University and Small Business Patent Procedures Act - States that it is the objective of this Act to amend existing patent procedures in order to promote the marketing of inventions developed under federally supported research and development projects by nonprofit organizations and small business firms. Permits any such organization or firm to elect, within a reasonable amount of time, to retain title to such inventions. Permits Federal agencies which have supported such projects to retain title to inventions through their funding agreements in specified circumstances. Requires review of agency determinations that such circumstances exist by the Comptroller General and the Chief Counsel for Advocacy of the Small Business Administration. Directs the Comptroller General to report to Congress on the implementation of this Act by Federal agencies. Enumerates provisions which must be included in funding agreements between a Federal agency and a small business firm or nonprofit organization including provisions: (1) to insure the rights of the Federal Government under this Act; (2) to provide that the agency shall have a nonexclusive, nontransferable, irrevocable and paid-up license to use the invention; (3) to prohibit a nonprofit organization from assigning rights to the invention without the approval of the Federal agency; (4) to prohibit such an organization from granting exclusive rights from the earlier of five years from the first commercial use of the invention or eight years from the date of invention; and (5) to require such organizations to use their royalties and earnings to support scientific research or education. Authorizes a Federal agency to transfer or assign its rights, acquired from an agency employee as coinventor, to an inventor electing to acquire title to an invention. Empowers any Federal agency to require inventors or their assigns to grant licenses in order to: (1) achieve practical application of the invention in its field of uses; (2) alleviate health or safety needs; (3) meet requirements for public use specified by Federal regulations; or (4) achieve participation by United States industry in the manufacture of an invention. Entitles the government to collect up to 50 percent of all net income above specified amounts received by a patent holder until government research funds have been repaid. Restricts the assignment and licensing of rights by patent holders to foreign owned or controlled firms unless such persons agree that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. Authorizes Federal agencies to withhold information on inventions from public disclosure. Specifies the authority of Federal agencies with respect to obtaining patents, promoting licensing of inventions, granting licenses, conducting market surveys, transferring custody of patents, and receiving funds. Authorizes the Administrator of General Services to promulgate regulations specifying the terms upon which any federally-owned invention may be licensed. Authorizes the Secretary of Commerce to coordinate a program for assisting Federal agencies in protecting and licensing federally-owned inventions. Sets forth the procedure whereby Federal agencies may grant exclusive or partially exclusive licenses in any invention covered by a federally-owned domestic patent or patent application. Prohibits licensing which lessens competition. Directs that small business firms be given preference in exclusive or partially exclusive licensing. Enumerates provisions which must be contained in any grant of a license by a Federal agency. Declares that this Act shall take precedence over any other Act in the disposition of inventions.
United States · United States Congress · 9 February 1979
Amends the Internal Revenue Code to allow an income tax deduction for 50 percent (not to exceed $50,000 annually, or $100,000 altogether) of the sum of the amounts paid or incurred to acquire stock in a qualified energy invention corporation. Limits to $25,000 the maximum annual deduction in the case of a married individual filing a separate return. Defines a "qualified energy invention corporation" as a corporation whose gross annual income does not exceed $100,000 and which owns a patent, or the right to a patent, or has an application for a patent pending, which relates to the invention of an energy saving device or process, or which possesses a letter from the Secretary of the Department of Energy for nonpatentable improvements of such a device or process.
United States · United States Congress · 8 February 1979
Amends the Railroad Retirement Act of 1974 to make the amount payable to a widow or widower of a deceased employee under a survivor's annuity at least equal to the amount which would have been payable to such deceased employee if not deceased. Excludes supplemental annuity benefits to an individual from coverage under this section.
United States · United States Congress · 8 February 1979
Small Business Employee Ownership Act - Amends the Small Business Act to make employee-owned firms eligible for financial assistance under the business loan program. States that in the case of small business concerns using an employee stock ownership plan, as defined in the Internal Revenue Code of 1954, all financial assistance shall be made to the trust created for employee ownership of stock (ESOT). Predicates such assistance on: (1) a guarantee by the company seeking assistance that it will repay all obligations incurred by the ESOT; (2) the written assurance of the trustee of the ESOT that all guaranteed loans will be used solely for the purchase of company stock; (3) a distribution arrangement which vests ownership of all stock with the employees no later than the expiration date of any assistance made available to acquire such stock; and (4) a certified plan, meeting specified conditions, for the allocation of company stock among the employees. Authorizes the extension of loan guarantees to employee organizations, including those using an ESOT, to finance the acquisition of the employee's workplace if it is a small business or a subsidiary which, if independently owned, would be a small business. States that such guarantees may be extended only if the small business or subsidiary would otherwise close, liquidate, relocate or sell out to a large business or if the owner agrees to the purchase by the employees. Requires an employee organization to compile a feasibility study and plan containing specified provisions in order to be eligible for such guarantees. Limits the principal amount of any loan guaranteed under this Act to $1,000,000. Authorizes $10,000 loans to conduct feasibility studies which will be considered grants if the loan application is denied. Directs the Administrator of the Small Business Administration to report periodically to the Congress on the programs established by this Act. Authorizes the Small Business Administration to extend loan guarantees directly to an owner of a business who is selling the business to employees under an installment contract provided specified conditions are met in the event of default. Makes a company with 51 percent of its stock allocated through an ESOT to one or more socially and economically disadvantaged individuals eligible for the minority enterprise contract assistance program.
United States · United States Congress · 8 February 1979
Medicare Supplemental Health Insurance Information Disclosure and Protection Act of 1979 - Amends title XVIII (Medicare) of the Social Security Act to subject to fine or imprisonment or both any individual who, for the purpose of selling or attempting to sell insurance, misrepresents in any way that he or she is acting under the authority of, or in association with, the health insurance program of title XVIII. Directs the Secretary of Health, Education, and Welfare to develop model legislation and regulations concerning proposed minimum requirements for the sale of Medicare supplemental insurance to Medicare eligible individuals. Directs the Secretary to study the feasibility of a program of Federal certification of Medicare supplemental insurance. Directs the Federal Trade Commission to study deceptive practices in the sale of Medicare supplemental insurance.
United States · United States Congress · 8 February 1979
Authorizes expenditures not to exceed $325,305 from March 1, 1979, through February 28, 1980, by the Senate Special Committee on Aging for investigations and studies. Directs the Committee to report its findings and recommendations to the Senate not later than February 28, 1980.
United States · United States Congress · 7 February 1979
Grants a Federal charter to the American Ex-Prisoners of War, Incorporated. Declares that the purposes of such corporation are to assist the widows and orphans of deceased ex-prisoners of war and to assist ex-prisoners of war who have been injured or handicapped as a result of their service.
United States · United States Congress · 7 February 1979
Competition Improvements Act of 1979 - Prohibits Federal agencies from taking action which tends to lessen competition except in specified circumstances. Authorizes the Attorney General and the Federal Trade Commission to advise the agencies on the validity of exceptions to this Act. Requires each independent regulatory agency to devise procedures whereby the Attorney General will receive timely and adequate notice of important agency actions which may have a significant impact on competition. Places the burden of proof upon the agency to establish by substantial evidence that it has complied with the standard asserted in this Act in any proceeding for judicial review of such agency's order. Requires Federal departments and agencies to insure the integration antitrust law and policy in all activities which may have an impact on competition. Requires each Federal department and agency to review its statutory authority, administrative regulations, policies, practices and procedures to determine whether they contain any deficiencies or inconsistencies which may prevent full compliance with the purpose of this Act. Requires the departments and agencies to recommend such measures to the President and to the Congress, as may be necessary, to carry out the purposes of this Act. Directs the Federal Trade Commission to report annually to the President and to Congress on the degree to which Federal agencies have complied with the purposes of this Act.
United States · United States Congress · 7 February 1979
Robert A. Taft Institute of Government Trust Fund Act - Establishes in the United States Treasury the Robert A. Taft Institute Trust Fund. Authorizes the Commissioner of Education to make grants from such fund to develop the Robert A. Taft Institute of Government, New York, New York. Authorizes the Secretary of the Treasury to invest portions of the Fund not required to meet current withdrawals. Appropriates $15,000,000 to the Fund.
United States · United States Congress · 7 February 1979
Refers to the Chief Commissioner of the Court of Claims for a report thereon, a bill which directs the Secretary of the Treasury to pay a sum to be divided among named individuals in satisfaction of specified claims against the United States.
United States · United States Congress · 6 February 1979
National Aeronautics and Space Administration Authorization Act, 1980 - Authorizes appropriations to the National Aeronautics and Space Administration (NASA) for research and development, construction of facilities, and research program management. Permits appropriations for research and development to be used: (1) for any items of a capital nature (other than acquisition of land) which may be required at locations other than NASA installations for the performance of research and development contracts; and (2) for grants to nonprofit institutions of higher education, or to nonprofit organizations whose primary purpose is the conduct of scientific research, for purchase or construction of additional research facilities. Stipulates that when so specified and to the extent provided in an appropriation Act, any amount appropriated for "research and development" or for "construction of facilities" may remain available without fiscal year limitation. Permits the funds for construction of any of specified facilities: (1) in the discretion of the NASA Administrator, to be varied upward ten percent; or (2) following a report by the Administrator to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the circumstances of such action, to be varied upward 25 percent to meet unusual cost variations. Limits the total cost of all construction work to the total of the amounts specified. Permits one-half of one percent of the funds appropriated for research and development to be transferred to the "construction of facilities" appropriation. Authorizes the expenditure of such funds, together with $10,000,000 of the funds appropriated for construction of facilities, to construct, expand, or modify laboratories and other installations. Disallows any amount appropriated pursuant to this Act from being used for any program deleted by the Congress from requests as originally made to either the House Committee on Science and Technology or the Senate Committee on Commerce, Science, and Transportation. Disallows any amounts appropriated pursuant to this Act from being used for any program in excess of the amount actually authorized for that particular program for research and development or research and program management. Disallows any amount from being used for any program which has not been presented to or requested of such committees, with certain exceptions. Expresses the sense of the Congress that it is in the national interest that consideration be given to geographical distribution of Federal research funds whenever feasible, and that NASA should explore ways and means of distributing its research and development funds whenever feasible. Authorizes NASA to provide liability insurance for any user of a space vehicle to compensate all or a portion of claims by third parties for death, bodily injury, or loss of or damage to property resulting from activities carried on in connection with the launch, operations, or recovery of the space vehicle.
United States · United States Congress · 6 February 1979
Authorizes the President, on behalf of the Congress, to present specially struck gold medals to the transatlantic balloonists Ben Abruzzo, Maxie Anderson, and Larry Newman. Authorizes the Secretary of the Treasury to strike bronze duplicates of such medals for public sale.
United States · United States Congress · 6 February 1979
International Wheat Exporting Commission Act of 1979 - Requests the President to take action to establish an International Wheat Exporting Commission which would establish an annual minimum world market price for wheat and prescribe export quotas. Requires the President to keep Congress informed about the establishment of such Commission and to report annually once such Commission is established.
United States · United States Congress · 6 February 1979
Prohibits the Secretary of the Army from: (1) determining that a specified cabin site in the south recreation area at Conchas Lake, New Mexico, is in excess of project needs; or (2) requiring the removal of improvements at such site prior to 1996, unless agreed to by the Governor of New Mexico.
United States · United States Congress · 6 February 1979
Federal Highway Beautification Assistance Act - Amends the Highway Beautification Act of 1965 to assist states in the control of outdoor advertising in areas adjacent to the Interstate System and the primary system. Permits each State to establish its own statewide system to control outdoor advertising. Eliminates the ten percent reduction in Federal highway funds to be appropriated to such State for failure to provide for such effective control. Increases from 75 to 80 percent the Federal share of acquisition costs incurred by the State in compensating the owner of previously lawful signs, displays, or devices. Increases from 75 to 80 percent the Federal share of acquisition costs incurred by the State in compensating the owner of real property on which such signs, displays, or devices are located.
United States · United States Congress · 5 February 1979
Amends the Internal Revenue Code to allow certain married individuals, who do not file a single joint return with their spouses, to elect the same tax rates currently applicable to unmarried individuals (other than surviving spouses and heads of households), without regard to any community property laws. Entitles any married individual making such an election to claim the income tax credit for dependent care services paid for under specified circumstances, even though such individual did not contribute over half of the support of the dependent concerned.
United States · United States Congress · 5 February 1979
Amends the Employment Act of 1946 to require the annual budget submitted by the President pursuant to the Budget and Accounting Act, 1921, to contain a total amount of estimated outlays equal to the total amount of estimated receipts which would result if the increase in real economic growth for the fiscal year concerned was three percent. Authorizes the President to submit an alternative budget which does not comply with such requirement. Permits the Congress to consider such an alternative budget if each House concurs, by a two-third vote, with the President's determination that a national emergency so requires.
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 · 31 January 1979
Equal Access to Justice Act - Entitles a prevailing party (other than the United States) to be awarded fees and other expenses, including attorney fees, which were incurred by such party in: (1) an administrative adjudication, or (2) in any civil action (other than a tort or tax action) brought by or against the United States, unless the agency conducting such adjudication, or the court having jurisdiction of such action, finds that the position of the agency or the United States was substantially justified or that special circumstances make an award unjust. Authorizes a party dissatisfied with such award in an administrative adjudication to petition for leave to appeal the decision in an appropriate Federal court. Authorizes a court to award reasonable attorney fees to the prevailing party in any civil action brought by or against the United States, where the court may award such fees in such suits involving private parties (thus applying to Government litigation the common law exceptions to the "American rule" regarding attorney fee awards). Directs the Administrative Conference of the United States and the Administrative Office of the United States Courts to report annually on the amount of fees and expenses awarded during the preceding fiscal year in such agency adjudications and civil actions.
United States · United States Congress · 31 January 1979
Regulatory Flexibility Act - Requires Federal agencies to include the following information in the general notice of a proposed rule: (1) the goals and purpose of the rule; (2) the estimated number of individuals, businesses, organizations, and governmental jurisdictions affected by the rule; (3) a statement that the agency seeks alternative proposals which could achieve the goal of the proposed rule at a lower cost to individuals, small businesses, small organizations, and small governmental jurisdictions; and (4) a list of the measures necessary for compliance with any reporting requirement affecting more than ten persons. Requires Federal agencies to accept and consider alternative proposals to a proposed rule and to publish those proposals with justification of the selection of the final rule. Defines a small business, small organization, small governmental jurisdiction, and an individual as used in this Act. Directs each agency to publish a plan for reviewing its rules within 180 days after enactment of this Act. Requires each agency to determine whether such rules are efficiently achieving the goals of the implementing legislation. Directs the agency to publish annually a list of the rules to be issued and reviewed during the next year.
United States · United States Congress · 31 January 1979
Antitrust Enforcement Act of 1979 - Amends the Clayton Act to entitle any purchaser or seller in the chain of manufacture, production, or distribution of goods and services to relief under such Act, upon proof of an overcharge or underpayment resulting directly or indirectly from an antitrust violation. States that such relief may be granted in individual suits, suits by the United States, or parens patrie actions brought by a State attorney general for natural persons residing in the State. Authorizes the courts, in any civil action brought by a person or the United States, to permit the defendant to prove that the plaintiff was able to pass on to third parties all or part of an overcharge or underpayment. Grants the court the discretion to hear such evidence as a partial or complete defense in order to avoid duplicative liability. Enables the parties to any class action to prove the fact of injury, the amount of passed on charges and the extent of damages on a classwide basis, without requiring proof of such matters by each individual member of the class. Authorizes the judicial panel on multidistrict litigation to consolidate and transfer any action brought under the Clayton Act, with or without the consent of the parties for both pretrial and trial purposes.
United States · United States Congress · 25 January 1979
Congressional Award Program Act - Establishes the Congressional Award Program in the United States and its territories to recognize and promote youth leadership and excellence in the areas of expedition fitness, personal creative development, and public service. Creates a Congressional Award Board with a Director to supervise such program. Authorizes the appointment of State award directors under this Act. Exempts the Board, its property, and its income from present and future Federal, State, and local taxation, with specified exceptions. Creates three Congressional Award Medals to the awarded under this Act.
United States · United States Congress · 25 January 1979
Federal Computer Systems Protection Act of 1979 - Prohibits anyone from directly or indirectly accessing or causing to be accessed for fraudulent purposes a computer system operating in interstate commerce or having a connection with the Federal Government or any financial institution.
United States · United States Congress · 24 January 1979
Title I: Declaration of Policy - Establishes a comprehensive national civilian space and aeronautics policy to provide the basis for a world information system, Earth orbital facilities, exploration of the solar system and the development of other space and aeronautical activities. Title II: National Space and Aeronautics Policy - Sets forth national space and aeronautics principles in order to achieve the peaceful expansion of space and atmospheric environments for the benefit of mankind and the nation. Title III: Program - Directs the National Aeronautics and Space Administration (NASA), in cooperation with private, governmental, and international groups, to pursue aggressive research and systems development in space and aeronautics science and technology. Specifies programs and target dates for the achievement of such research and systems development. Directs the Administrator of NASA, together with the Director of the Office of Science and Technology Policy, in consultation with appropriate Federal agencies, to develop and submit to Congress a preliminary five year program including proposed annual funding requirements and a detailed research and development schedule. Requires a final five-year program, a ten-year plan, and a 30-year policy goals to be submitted to Congress no later than one year after the date of enactment of this Act. Requires status reports and revisions to the plan be submitted annually with the budget request beginning the third year after the enactment of this Act.
United States · United States Congress · 24 January 1979
Amends the Internal Revenue Code to subject nonresident aliens, estates, trusts, partnerships, and foreign corporations to a tax on the gain from the sale or exchange of farm or rural lands situated in the United States. Requires foreign corporations which hold United States farm lands comprising 20 percent of their assets to make reports on such holdings as the Secretary of the Treasury may require.
United States · United States Congress · 24 January 1979
Department of Education Organization Act of 1979 - Title I: General Provisions - Declares the purposes of this Act to be to: (1) insure that education receives the appropriate emphasis at the Federal levels; (2) coordinate Federal educational programs; (3) supplement and complement the educational efforts of State, local, and tribal governments, as well as the private sector; and (4) protect the rights of State, local, and tribal governments, and public and non-public educational institutions in the areas of educational policies, administration of programs, and selection of curriculums and program content. Title II: Establishment of Department - Establishes an executive department to be known as the Department of Education to be headed by a Secretary of Education. Establishes, within such Department, offices of Assistant Secretary for: (1) Special Education and Rehabilitative Services; (2) Postsecondary Education; (3) Elementary and Secondary Education; (4) Occupational, Adult, and Community Education; and (5) Educational Research and Development. Establishes within such Department: (1) a Director of the Office of Civil Rights; (2) two additional Assistant Secretaries; (3) an Inspector General; (4) a General Counsel; and (5) an Administrator of Education for Overseas Dependents. Includes, within the functions of such Department, the administration of programs relating to: (1) elementary, secondary, and postsecondary education; (2) occupational, adult, and community education; (3) grants; (4) special education and rehabilitative services; (5) schools for overseas dependents of the Department of Defense; (6) enforcement of civil rights; (7) educational research; (8) intergovernmental policies; (9) public information; and (10) congressional relations. Establishes, within such Department, Offices of: (1) Civil Rights; (2) Elementary and Secondary Education; (3) Postsecondary Education; (4) Occupational, Adult, and Community Education; (5) Special Education and Rehabilitative Services; (6) Education for Overseas Dependents; (7) Educational Research and Improvement; (8) Inspector General; and (9) General Counsel. Establishes within such Department an Intergovernmental Advisory Council on Education to assure the effective coordination of Federal programs. Establishes a Federal Interagency Committee on Education to assist the Secretary in coordinating the procedures and actions of the Department with other Federal agencies. Title III: Transfers of Agencies and Functions - Transfers to the Department from the Department of Health, Education, and Welfare (HEW): (1) the Education Division of HEW, including the National Institute of Education; (2) the Office of the Assistant Secretary for Education, including the National Center for Education Statistics; (3) the Institute of Museum Services; (4) any advisory committees primarily concerned with education; and (5) the Office of Information and Resources for Handicapped Individuals; (6) the Rehabilitation Services Administration, except the part of such Administration that administers the Developmental Disabilities Assistance and Bill of Rights Act; (7) the National Institute of Handicapped Research; (8) the Interagency Committee on Handicapped Research; (9) the Helen Keller National Center for Deaf-Blind Youth and Adults; and (10) the National Council on the Handicapped. Transfers from HEW to the Department of Education educational functions regarding: (1) the General Education Provisions Act; (2) the Emergency School Aid Act; (3) the Higher Education Act of 1965; (4) the Emergency Insured Student Loan Act of 1969; (5) the Act of August 30, 1898; (6) title II of the Elementary and Secondary Education Act of 1965; (7) certain provisions of the Alcohol and Drug Abuse Education Act; (8) the International Education Act of 1966; (9) the National Defense Education Act of 1958; (10) the Education of the Handicapped Act; (11) the National Commission on Libraries and Information Science Act; (12) the Vocational Education Act of 1963; (13) the Career Education Incentive Act; (14) the Office of Civil Rights; (15) the budgetary oversight of certain educational institutions; (16) certain loans and scholarships for students in the medical and health services under the Public Health Service Act; (17) certain provisions under the Rehabilitation Act of 1973; (18) the National Institute of Education and the Institute of Museum Services; (19) Gallaudet College, Howard University, the American Printing House for the Blind, and the National Technical Institute for the Deaf; and (20) telecommunications grants under the Communications Act of 1934. Transfers to the Department of Education from the Departments of: (1) Defense, the administration and operation of overseas dependents schools; (2) Justice, the student loan and grant programs known as the Law Enforcement and Education Program and the Law Enforcement Intern Program; and (3) Housing and Urban Development, the administration of college housing loans. Transfers to the Department of Education: (1) specified functions of the National Science Foundation; and (2) the Advisory Council on Educational Statistics. Title IV: Administrative Provisions - Authorizes the Secretary to appoint and fix the salaries for the Department's employees in accordance with the civil service laws. Allows certain higher level appointments to be made by the Secretary without Civil Service Commission approval if the individual so appointed is transferred to the Department in connection with a transfer of functions under this Act. Stipulates that Congress shall authorize the annual number of personnel for the Department of Education. Establishes guidelines for computing such personnel authorization. Grants rulemaking authority to the Secretary. Requires such rules to be in accordance with the Administrative Procedures Act and specified provisions of the General Education Provisions Act. Authorizes the Secretary to (1) employ experts and consultants; (2) enter into contracts with public agencies and private persons and organizations; (3) provide technical advice to participants or potential participants in Departmental programs; (4) maintain, alter, or discontinue field offices; (5) acquire and maintain schools, laboratories, and related facilities; (6) provide and maintain various facilities for employees and their dependents at remote locations; (7) utilize, with their consent, Federal, State, tribal, or foreign facilities; (8) acquire necessary copyrights and patents; (9) accept and utilize gifts and requests of real and personal property; (10) establish a working capital fund for administrative expenses; and (11) transfer funds within the Department. Directs the Secretary to submit an annual report to the Congress concerning the Department's activities. Stipulates that such report include: (1) a statement of goals and priorities; (2) an assessment of progress; (3) an analysis of data concerning changing trends in education and areas of particular educational concern; (4) five-year budget projections; and (5) recommendations made by the Federal Interagency Committee on Education. Requires that public hearings be held as part of the preparation of such report. Directs that the Secretary of Health and Human Services, the Secretary of the Interior, and the Director of the Office of Management and Budget jointly conduct a study of the administration of Federal Indian education programs, and that such study be submitted to the Congress and the President within six months of enactment of this Act. Stipulates that such study contain; (1) an analysis of problems and recommendations for improvements; and (2) recommendations concerning the proper organizational structure for Indian education programs within the Federal Government. Provides that, except where inconsistent with provisions of this Act, the General Education Provisions Act shall apply to functions transferred by this Act. Title V: Transitional, Savings, and Conforming Provisions - Redesignates the Department of Health, Education, and Welfare as the Department of Health and Human Services, and the Secretary of Health, Education, and Welfare as the Secretary of Health and Human Services. Title VI: Effective Date and Interim Appointment - Directs that this Act shall take effect 180 days after the Secretary of Education takes office, or earlier if the President so decides. Authorizes the President to make initial interim appointments to the Department of Education under specified conditions.
United States · United States Congress · 23 January 1979
Parental Kidnapping Prevention Act of 1979 - Requires appropriate State authorities to give full faith and credit to a child custody determination by a court of another State which has jurisdiction and meets specified conditions. Authorizes a State court with jurisdiction to modify a custody determination of another State court which no longer has or has declined to exercise jurisdiction. Amends title IV (Child Support and Establishment of Paternity) of the Social Security Act to include as a function of the Parent Locator Service the provision of information to authorized persons about any absent parent or child for the enforcement of a child custody determination or with regard to parental kidnapping. Prohibits the intentional restraint of a child in violation of any other person's right of custody or visitation arising from a State custody determination. Specifies (1) the jurisdictional basis for such offense, including the willful transportation of a child in interstate commerce, and (2) Federal investigation procedures.
United States · United States Congress · 18 January 1979
Amends the Internal Revenue Code to allow individual and corporate taxpayers to elect to treat certain reforestation expenditures as not chargeable to capital account in order to qualify them as an income tax deduction, limited to $10,000 annually. Denies such deduction for any amount reimbursed under specified Federal reforestation and timber stand improvement cost sharing programs. Establishes in the United States Treasury a Reforestation Trust Fund, whose moneys shall be paid to the Secretary of Agriculture in order to meet obligations incurred in eliminating and preventing a backlog in the reforestation of the National Forest System, but only to the extent such obligations exceed amounts appropriated under any other provision of law. Authorizes the annual appropriation of not to exceed $30,000,000 for such Fund.
United States · United States Congress · 18 January 1979
Amends the Internal Revenue Code to allow certain individuals to compute the amount of the income tax deduction for retirement savings on the basis of the earned income of their spouses.
United States · United States Congress · 18 January 1979
Provides that, in accordance with the separation of powers under the Constitution, the President should not unilaterally take any action abrogating or affecting the validity of any of the security treaties comprising the post-World War II complex of treaties, including mutual defense treaties, without the advice and consent of the Senate or approval of Congress.
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 · 15 January 1979
Independent Agencies Regulatory Improvements Act of 1979 - Directs the head of each independent regulatory agency to revise the rulemaking procedures of the agency in order to: (1) minimize the paperwork required of such procedures; and (2) provide for public participation in such procedures. Requires each agency head to publish in the Federal Register at least twice a year an agenda of the significant rules under development or review by that agency. Sets forth the information concerning each rule which must be included in such agenda. States that criteria for identifying significant agency rules shall be established by each agency head and must include consideration of: (1) the persons and organizations affected, the paperwork required, and the direct and indirect effects caused by the rule; and (2) the relationship of the rule to rules of other programs or agencies. Specifies that there must be a 60-day period provided for public comment on proposed significant rules. Requires each agency head to approve proposed significant rules before they are published in the Federal Register. Directs the agency head to approve such rule upon determining that: (1) the impact and requirements of any public comment concerning such rule have been adequately considered; and (2) the proposed rule is necessary, clearly written, and the least burdensome of acceptable alternatives. Requires each agency head to prepare a regulatory analysis of significant rules which may have major economic consequences for the general economy, industry, government, or geographic regions. Directs the agency head to develop procedures for public participation in developing such analysis. Directs each agency head to periodically review agency rules to determine whether such rules conform to the policies of this Act. Requires the agency head to publish within 60 days of the date of enactment of this Act the criteria for selecting the rules to be reviewed. Requires the Comptroller General to monitor the implementation of this Act by the agencies and to report to Congress and the President on the effectiveness of this Act.
United States · United States Congress · 15 January 1979
Regulatory Conflicts Elimination Act of 1979 - Directs the President to formulate criteria for use in determining the costs of compliance with Federal rules and regulations. Requires the Director of the Office of Management and Budget to submit to the President, Congress and the head of each independent agency an annual report which: (1) identifies duplicative or conflicting rules and regulations promulgated by executive departments or independent agencies; (2) determines the costs of compliance with such rules; and (3) makes recommendations for modifying, eliminating, or consolidating such rules. Requires each head of an independent agency and the President to transmit to Congress and the Comptroller General recommendations for changing the conflicting or duplicative rules promulgated by the agency or executive department, and to implement such recommendations 60 days after the transmittal unless Congress passes a concurrent resolution disapproving those recommendations. Directs the Comptroller General, within 30 days after the receipt of such reports, to submit a review of such reports to Congress.
![Official portrait of Sen. Domenici, Pete V. [R-NM]](https://www.congress.gov/img/member/d000407_200.jpg)