United States · United States Congress · 27 March 1979
Private Employer and Higher Education Incentive Act of 1979 - Amends the Higher Education Act of 1965 to permit institutions of higher education to use up to 20 percent of the funds provided to them for college work study programs under such Act for part-time work study jobs with private employers. Requires an institution of higher education wishing to participate in such private employer program to enter into a supplemental agreement with the Commissioner of Education which: (1) specifies the program's rationale; (2) sets forth the program's objectives and standards, and a plan for their implementation; (3) designates an official of such eligible institution to administer the program; and (4) as assures in writing that such part-time jobs will not (A) supplant existing jobs or fulfill an employer's current or planned vacancies, (B) fail to take into account any existing collective bargaining agreements, (C) pay less than minimum wage, and (D) require private employers to contribute at least 50 percent of the cost of each such job.
United States · United States Congress · 26 March 1979
Elderly and Handicapped Individuals Transportation Act of 1979 - Amends the Rail Passenger Service Act to direct the National Railroad Passenger Corporation to establish a reduced rail rate program to individuals who are 65 years of age or older or who are physically or mentally handicapped. Stipulates that such program shall provide for rates which do not exceed 75 percent of the regular fare. Directs the Corporation to report to the Congress within one year regarding the social and economic impacts of such program.
United States · United States Congress · 22 March 1979
Regional Energy Development Act of 1979 - Chapter I: Introductory - Declares that energy shortages and the high cost of energy have created economic hardships in the Northeastern States, which would especially benefit from regional cooperation with the United States through an entity capable of financing and otherwise promoting increased energy supply and energy conservation. Defines "Northeastern States" as Connecticut, Maine, New Hampshire, New Jersey, New York, Rhode Island, Vermont, Pennsylvania, and Massachusetts. Chapter II: Organization, Management, Powers - Authorizes the creation of a corporation for profit, not an agency or establishment of the United States, to be known as the Energy Corporation of the Northeast. Directs the President to appoint incorporators who reside in the Northeastern States to serve as the initial Board of Directors of the Corporation, and to take whatever actions are necessary to establish the Corporation. Stipulates that a Northeastern State shall become a member of the Corporation when such State subscribes for State stock, contributes initial capital in the amount of $1 per capita, and enacts supporting legislation. Allows the Corporation to become operational if at least three States become members before December 31, 1978. Authorizes States that are contiguous to members to join the Corporation in the same manner. Authorizes the Corporation to participate in joint ventures with public or private groups and to operate through subsidiaries. Requires the Corporation to submit annual reports and audits to the President, Congress, Governors and legislatures of Member States. Directs the Governors, on a rotating basis, to designate independent persons to evaluate the performance of the Corporation every two years. Chapter III: Projects and Programs of the Corporation - Authorizes the Corporation to participate in financing any project related to solving the energy needs of the Northeast. Allows the Corporation to assist projects by providing capital, in the form of equity, debt, grant, or otherwise. Stipulates that before any financial assistance is provided, the Board of Directors of the Corporation must find that: (1) the project is expected to have a beneficial impact on the energy problems of the region; (2) the investment together with other Corporation activities will not materially impair the credit of the Corporation; (3) private capital is unavailable or insufficient; and (4) unless this limitation is specially waived, the Corporation will not operate the project on a continuing basis or invest more than 50 percent of the total cost. Authorizes rejection of each project by the Governor of the Member State in which it is located. Charges the Board with reviewing periodically the allocation of Corporation resources among the Member States to assure a measure of equity in the distribution of benefits. Limits the Corporation's investment in any one project to the greater of ten percent of its borrowing authority or $200,000,000. Chapter IV: Financing - Stipulates that capital subscriptions from the States ($1 per capita initial contribution) and private investors shall determine the borrowing authority of the Corporation according to a formula of $15 borrowing backed by Federal guarantees for each $1 capital contribution. Authorizes the contribution of additional capital by the States after the initial subscription. Authorizes the issuance of capital securities to States and private investors in a form determined by the Board. Permits the Corporation to issue its own obligations which shall be general obligations payable out of any revenues. Prohibits the Corporation from pledging the credit of the United States or the credit of Member States. Chapter V: Guarantee of Obligations - Authorizes the Secretary of the Treasury to guarantee obligations of the Corporation. Stipulates that such obligations are not tax exempt. Prohibits purchase of such obligations by the United States. Establishes an administrative expense fund in the U.S. Treasury to provide for the administrative expense payments with respect to guaranteed obligations. Chapter VI: State Legislation - Requires Member States, upon joining the Corporation, to enact legislation: (1) assuring decisions within 90 days of application on request for permits required for Corporation projects; (2) exempting the property, income, and operations of the Corporation from State and local taxation; and (3) specifying that insofar as the provisions of any State, general, special, or local law may be inconsistent with this Act, the provisions of this Act and the legislation enacted under this Chapter are controlling. Chapter VII: Miscellaneous - Specifies terms of construction and separability of the provisions of this Act.
United States · United States Congress · 21 March 1979
Permits State and local governments to collect taxes on the sale or consumption of alcoholic beverages and tobacco products on military and other Federal reservations. Requires the proprietors of facilities which sell alcoholic beverages and tobacco products on Federal installations to report to the States or localities in which such installations are located the amount of such commodities with respect to which taxes are payable.
United States · United States Congress · 15 March 1979
Marihuana Control Act of 1979 - Amends the Controlled Substances Act to establish a civil fine of not more than $100 for anyone who: (1) possesses not more than one ounce of marihuana within a private dwelling for his or her own use, or for the use of others within such dwelling, if it is not possessed with the intent to distribute, transfer, or sell in violation of Federal law; (2) possesses in a public area not more than one ounce of marihuana incident to a private use, if it is not possessed with the intent to distribute, transfer, or sell for profit in violation of Federal law; or (3) distributes or transfers lawfully possessed marihuana in public or private to any person for a lawful private use, if such distribution or transfer is not made for profit.
United States · United States Congress · 14 March 1979
Stipulates that the Senate shall not grant its advice and consent on the appointment of an Ambassador to Afghanistan until the President certifies to Congress that Afghanistan apologizes for the death of the former U.S. Ambassador and agrees to provide adequate protection for U.S. personnel in Afghanistan.
United States · United States Congress · 14 March 1979
Expresses the gratitude of the Senate upon the retirement of the Honorable Clarence M. Mitchell, Junior, as chief legislative spokesman for the National Association for the Advancement of Colored People, and for his contributions to the establishment of justice and equality in America.
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 · 13 March 1979
Entitles the United States Olympic Committee, its affiliated national governing bodies or multisport organizations, or the Lake Placid Olympic Committee to utilize reduced postage rates currently in effect for mail matter of qualified nonprofit organizations.
United States · United States Congress · 8 March 1979
Clinical Laboratory Improvement Act of 1979 - Amends title III of the Public Health Service Act (General Powers and Duties of Public Health Service) to direct the Secretary of Health, Education, and Welfare to establish a system for the licensing of all clinical laboratories subject to national standards provided for under this Act. Prohibits a clinical laboratory subject to such standards from performing any tests or providing any services without a valid license. Sets forth circumstances under which the Secretary may suspend or revoke a laboratory's license. Directs the Secretary to promulgate national standards for clinical laboratories, designed to assure consistent performance of accurate and reliable tests and other procedures and services. Stipulates that such standards shall: (1) require clinical laboratories subject to the standards to maintain appropriate quality control programs; (2) require such laboratories to maintain records, equipment, and facilities necessary for effective operation; (3) include requirements for periodic proficiency testing of laboratories; (4) prescribe qualifications for directors, supervisors, and technical personnel employed in laboratories; and (5) include adequate provisions for the inspection of laboratories and the enforcement of standards. Provides that the standards may vary on the basis of the type of laboratory services provided or the purposes for which the services are performed. Directs the Secretary to develop: (1) job-related proficiency and practical examinations for clinical laboratory personnel; (2) mechanisms to assure the continued competence of such personnel; and (3) standards for the proficiency testing of clinical laboratories. Provides that the standards provisions relating to personnel qualifications shall not apply for a two-year period to certain clinical laboratories located in rural areas. Authorizes the Secretary to exempt from the national standards clinical laboratories which: (1) are operated by a licensed physician, dentist, or podiatrist, or a group of not more than five such practitioners, or in a rural health clinic, and in which only routine tests or procedures are performed, or in which more than routine tests or procedures are performed, if the laboratory successfully participates in an approved proficiency-testing program; (2) perform tests or procedures primarily for biomedical or behavioral research; or (3) perform tests or procedures only to assist insurers with respect to insurance contracts. Authorizes the Secretary to enter into agreements with: (1) qualified private nonprofit organizations to administer tests and make inspections as provided for under this Act; and (2) States to administer the licensure program provided in this Act under the Medicare program. Subjects Federal clinical laboratories under the jurisdiction of the Secretary to the national standards, with certain exceptions. Prohibits: (1) the solicitation or acceptance of specimens for laboratory tests or procedures by a clinical laboratory which is required to be licensed and which either does not have such a license or is not permitted under such license to perform the planned test or procedure; (2) misrepresentation with respect to the license application or conversion of an application to an unauthorized use; and (3) the solicitation or receipt, or the offer or payment, of any remuneration (including any kickback, bribe, or rebate) with respect to laboratory services. Authorizes the Secretary to enjoin the continuation of any activity by a clinical laboratory required to be licensed under this Act which constitutes a substantial risk to the public health. Prohibits an employer from taking action against an employee who has assisted or participated in an investigation of such employer pursuant to this Act. Establishes a procedure for investigating and correcting employers' retaliatory actions against employees. Requires the Secretary to designate a Director of Clinical Laboratories who shall be responsible for establishing a uniform regulatory policy with respect to laboratory provisions under this Act, the Food, Drug, and Cosmetic Act, and Medicare and Medicaid. Directs the Secretary to provide technical assistance to: (1) States to assist their laboratory enforcement capability; and (2) laboratories, including a training program for employees where deficiencies have been documented. Authorizes the Secretary to make grants and enter into contracts with public and nonprofit private entities for projects and studies on laboratory methodology and utilization. Authorizes appropriations of $10,000,000 for each of fiscal years 1981 through 1983 for these purposes. Directs the Secretary to report annually to Congress with respect to the accuracy and costs of laboratory tests and procedures during the previous fiscal year. Directs the Secretary to conduct studies of: (1) existing voluntary certification standards and State licensure laws for laboratory personnel; (2) qualifications of entities that certify such personnel; (3) existing and proposed public and private mechanisms to determine the continued competence of such personnel; (4) existing laboratory proficiency testing methods; and (5) the relationship of requirements for such personnel and of clinical laboratory proficiency testing requirements with clinical laboratory performance. Specifies analyses to be included in such studies, and directs the Secretary to report to Congress on the results of the studies. Requires the Secretary to reimburse to the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund any amount expended from such funds with respect to the licensing of non-Medicare laboratories. Repeals the Clinical Laboratory Improvement Act of 1967. Directs the Secretary to report to Congress with respect to the exemption of laboratories from the standards under this Act. Amends title XVIII (Medicare) of the Social Security Act to require all clinical laboratories to be licensed under this Act as a condition for Medicare certification. Sets forth requirements with respect to payment for laboratory tests under Medicare. Stipulates that pathology services shall be considered "physicians' services" to patients for purposes of reimbursement under Medicare only where the physician personally performs or directs such services. Revises the term "medical and other health services" with respect to certain services furnished to inpatients of a provider of services. Disallows charges for physicians' services which are related to a hospital's income or receipts to the extent that they exceed a reasonable salary or fee paid for the service actually performed plus costs. Disallows reimbursement to a hospital for the reasonable costs of services furnished by a physician under an arrangement with the hospital or medical school to the extent that the payment exceeds an amount equal to the salary which would reasonably have been paid for the services if the physician had performed such services in an employment relationship with such hospital.
United States · United States Congress · 8 March 1979
Amends the Internal Revenue Code to exempt conventions held in Mexico and Canada from the restrictions applicable to the income tax deduction for business expenses for attendance at a foreign convention.
United States · United States Congress · 8 March 1979
Amends title XIX (Medicaid) of the Social Security Act to provide medical assistance under the Medicaid program for a severely disabled individual, notwithstanding such individual's performance of "substantial gainful activity" as defined under title XVI (Supplemental Security Income) of such Act.
United States · United States Congress · 8 March 1979
Amends title XVI (Supplemental Security Income for the Aged, Blind, and Disabled) of the Social Security Act to provide that an individual who applies for supplemental security income benefits on the basis of disability shall be considered presumptively disabled if he or she has received disability insurance benefits under title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act or supplemental security income benefits as a disabled individual within five years of his or her most recent application for supplementary security income benefits. Provides that benefits paid to an individual who is considered presumptively disabled under this Act will be considered overpayments if such individual is ultimately determined not to be disabled in fact. Includes remuneration received for services performed in a sheltered workshop or work activities center as earned income, for the purpose of determining eligibility under title XVI based on income. Permits disabled individuals eligible for benefits under title XVI due to the medical severity of their disability, but who lose their eligibility because their earnings have demonstrated a capacity to be gainfully employed, to qualify for title XVI benefits and to be considered disabled under title XIX (Medicaid) and XX (Grants to States for Services) of the Social Security Act if such individual remains disabled due to the medical severity of the disability and continues to meet all other eligibility requirements, including income requirements, under title XVI. Permits such individuals, who would otherwise qualify for title XVI benefits except for their income, to be considered disabled for the purposes of titles XIX and XX if the termination of benefits under titles XIX and XX would seriously inhibit their ability to provide for themselves. Excludes from the income of a disabled individual, for the purpose of determining eligibility under title XVI based on income, an amount equal to the cost of attendant care services, medical devices and similar items necessary for such individual to work, whether or not such assistance is also needed for the performance of such individual's normal daily functions.
United States · United States Congress · 7 March 1979
Women in Science and Technology Equal Opportunity Act - Title I: Statement of Findings, Purpose, and Policy - Sets forth the findings of Congress with respect to the employment of women in science and technological fields. Declares it the purpose of this Act to encourage the full participation of women in scientific, professional, and technical fields. Declares it the policy of the United States to assure equal opportunity for women in education, training, and employment in scientific and technical fields. Sets guidelines for activities carried out pursuant to this Act. Title II: Education - Directs the National Science Foundation to support activities to strengthen elementary and secondary school programs in science and mathematics to involve female students in such areas. Stipulates the areas which such support programs are to emphasize. Requires application to the Director of the National Science Foundation for grant and contract assistance for such programs. Directs the National Science Foundation to support programs in institutions of higher education to increase the participation of women in scientific and technical studies, training and fellowship opportunities, and careers. Stipulates the areas which such support programs are to emphasize. Requires application to the Director of the National Science Foundation for grant and contract assistance for such programs. Authorizes the Director of the National Science Foundation to determine the amount of training and fellowship stipends awarded under this title. Directs the National Science Foundation to initiate a program of continuing education in science and engineering providing opportunities to women. Authorizes the Director of the National Science Foundation to make grants to institutions of higher education, other academic institutions, nonprofit organizations, and private business firms to develop courses and curricula for such continuing education programs. Authorizes the Director to allocate continuing education fellowships under this title. Directs the Director to require programs under this title to develop and utilize standardized evaluation tools to determine the impact of authorized programs. Authorizes the Director to furnish technical assistance to the development of activities authorized by this title. Title III: Public Understanding - Directs the National Science Foundation to establish a Clearinghouse on Women in Science to collect and disseminate to the public information concerning activities which encourage the participation of women in science and technology. Requires the Clearinghouse to coordinate its activities with existing public and private efforts. Directs the National Science Foundation to conduct a research program to increase understanding of the potential contribution of women in these fields and to facilitate the participation and advancement of women in science and technology careers. Directs the Foundation to support projects to improve information concerning the importance of women in science and technology through the media. Specifies the factors to be used in determining funding priorities for such projects. Requires the Foundation to identify books and instructional materials: (1) to encourage girls and young women to study science and mathematics; (2) to pursue careers in science and technology; (3) to stress the importance of equal opportunity in science and technology; and (4) to emphasize the importance of mathematical and scientific skills in a wide range of programs. Authorizes the Foundation to support the development of books and instructional materials which support these goals. Directs the Foundation to support community outreach activities to attract substantial numbers of women to such careers. Requires the Foundation to make grants to nonprofit organizations which sponsor community activities to enable such organizations to include programs related to science and mathematics. Directs the Foundation to make grants to museums and science centers to encourage women to study such fields, to enter such careers, and to stress the importance of equal opportunity for women in science and technology. Establishes the President's Committee for Equal Opportunity in Science Awards to recommend to the President recipients of the annual Distinguished Achievement in the Advancement of Women in Science Award, also established by this Act. Authorizes the Director of the National Science Foundation to award annually the Mathematics and Science Incentive Awards, established by this Act, to schools which demonstrate over a three year period a substantial increase in the enrollment of women and girls in mathematics and science courses. Establishes the visiting women scientists program to enable women scientists to visit secondary schools and institutions of higher education to encourage girls and women to consider careers in these fields. Requires the Director of the Foundation to select women to be visiting women scientists. Title IV: Equal Employment Opportunity - Directs the head of each Federal agency, national laboratory, and federally funded research and development center which supports research and development in science and technology, to: (1) prevent discrimination against women in science and technology; (2) increase opportunities for the employment and advancement of women in these fields; and (3) encourage the participation of minority and physically handicapped women in science and technology careers. Requires a reduction, according to a specified formula, in the amount of Federal support for research and development in science and technology received by institutions employing on a percentage basis an insufficient number of women as set forth in this Act. Authorizes the Foundation to make grants for legal assistance to alleviate discrimination against women in scientific and technical fields. Requires the head of each Federal agency which provides financial assistance for research and development in science and technology of at least $30,000,000 in any fiscal year, the head of each national laboratory, and of federally funded research and development centers, to report annually to Congress concerning the employment status of women in such organizations. Requires the Director of the Foundation to assess the participation and status of women in all disciplines and job categories of scientific and technological fields in the public sector, private enterprise, and academic institutions and to disseminate annually a public report. Directs the Office of Personnel Management to include in its training program for Federal officials information concerning the employment and encouragement of women in science and technology. Directs the Director of the Office of Personnel Management to include in existing registers women qualified for and seeking scientific and technological positions, and to circulate such registers to each Federal agency, national laboratory, and federally funded research and development center. Directs the National Science Foundation to make grants: (1) to encourage the employment and advancement of women in science and technology through flexible work schedules, and other work- related arrangements and (2) for the establishment of visiting professorships for women in science at eligible academic institutions. Title V: General Provisions - Specifies the authority of the Foundation to carry out this Act.
United States · United States Congress · 7 March 1979
Intergovernmental Fiscal Assistance Amendments of 1979 - Amends the Public Works Employment Act of 1976 to authorize the Secretary of the Treasury, through a targeted fiscal assistance program, to make annual payments for fiscal years 1979 and 1980 to local governments with local unemployment rates at or above six and one-half percent. Authorizes appropriations for such purpose. Sets forth formulas and procedures for allocations to local governments under such program. Directs the Secretary of Labor to determine or assign unemployment rates necessary to the Secretary of the Treasury's administration of all the antirecession provisions of such Act. Directs the Secretary of Labor, the Director of the Bureau of the Census, and the Director of the Office of Personnel Management to provide other necessary information. Sets forth formulas and procedures for allocations to the governments of Puerto Rico, Guam, American Samoa, and the Virgin Islands under both the targeted fiscal assistance and the antirecession fiscal assistance programs. Authorizes the Secretary of the Treasury, through an antirecession fiscal assistance program, to make payments to specified territorial governments and to State and local governments with unemployment rates at or above five percent. Suspends such payments whenever the seasonally adjusted rate of national unemployment is below six and one-half percent. Authorizes appropriations for such purpose during each of the seven succeeding calendar quarters beginning in 1979. Stipulates that a portion of the total amount of such appropriations is to be determined according to a formula based on the seasonally adjusted rate of national unemployment. Sets forth formulas and procedures for allocations to eligible State and local governments and to specified territorial governments.
United States · United States Congress · 7 March 1979
Hospital Cost Containment Act of 1979 - Directs the Secretary of Health, Education, and Welfare to promulgate annually, beginning January, 1980: (1) a national voluntary percentage limit on hospital expenses; and (2) a voluntary percentage limit on hospital expenses for each State. Specifies the formulas for calculating such limits. Includes as factors for determining the national limit: (1) the average wage increase paid to employees (excluding supervisors and doctors of medicine or osteopathy) of hospitals in the United States; (2) the average price increase in the U.S. paid in appropriate classes of goods and services (to be determined by the Secretary); (3) the percent of hospital expenses attributable to such wage and price increases; (4) the annual increase in the national population; and (5) a one percent allowance for the net increase in hospital service intensity. Includes these factors in the formula for determining the State limits, except bases the average wage increase on employees of hospitals in each State and utilizes the population increase in each State. Directs the Secretary to promulgate annually, beginning January 1980, a voluntary percentage limit for each hospital for the hospital's accounting period ending in 1979. Specifies the formula for calculating such limit. Directs the Secretary to promulgate annually, beginning January, 1981, a voluntary percentage limit for each hospital not subject to a mandatory limit under this Act for the hospital's accounting period ending in the preceding year. Specifies the formula for calculating such limit. Directs the Secretary to determine or estimate before July 1, 1980, and before July 1 of each succeeding year: (1) the difference in dollars between (A) the percentage increase in the expenses of each hospital not subject to a mandatory limit under this Act in the preceding year, and (B) the voluntary percentage limit for the hospital for the accounting period; and (2) the sum of such differences. Provides that: (1) if such sum is zero or less, no hospital shall be subject to a mandatory limit under this Act for its accounting period ending the year; or (2) if such sum is greater than zero, then the Secretary shall determine the sum of the differences in each relevant State. Defines "relevant State" for such purposes. Provides that: (1) if this sum is zero or less in a particular State, no hospital in that State shall be subject to a mandatory limit under this Act for its accounting period ending in the year; or (2) every hospital, for each accounting period beginning after January 1, 1979, and for each succeeding accounting period, shall be subject to a mandatory limit as prescribed by this Act, unless such hospital is otherwise exempted by this Act. Requires the Secretary to exclude the hospitals in a particular State from such mandatory limits at the request of the chief executive of any State, under specified conditions. Authorizes the Secretary to exempt a hospital from such mandatory limit upon a determination that such exemption is necessary to facilitate certain experiments or demonstrations entered into under specified laws. Specifies: (1) the formula for calculating mandatory limits; and (2) the circumstances under which the average reimbursement payable to a hospital by a cost payer per admission, and the average inpatient charges per admission of a hospital, for any accounting period of the hospital subject to a mandatory limit, exceed such limit. Directs the Secretary, in calculating such mandatory limits, to develop: (1) a system of grouping hospitals by appropriate characteristics, such as patient case mix and metropolitan or nonmetropolitan setting; and (2) a method of measuring efficiency within each group that provides for setting a group norm defined in terms of all or certain hospital expenses. Requires the Secretary to assign to each hospital in a group a percentage bonus or penalty related to the extent to which a hospital's expenses differ from the group norm, according to a specified formula. Allows the Secretary to make further adjustments to such percentage bonus or penalty in order to allow for changes in admissions or other factors warranting special consideration. Sets for procedures by which a hospital may request the Secretary to exercise such discretion. Prohibits the reimbursement for inpatient hospital services provided under Medicare (title XVIII of the Social Security Act) to the extent that it exceeds the applicable mandatory limits established under this Act or under a State mandatory hospital cost containment program of a State whose hospitals have been excluded under this Act. Provides that: (1) payment shall not be made to any State; and (2) payment shall not be required to be made by any State under title V (Maternal and Child Health and Crippled Children's Services) or title XIX (Medicaid) of the Social Security Act with respect to any amount paid for inpatient hospital services in excess of the applicable mandatory limits established under this Act. Amends the Internal Revenue Code to impose on a hospital an excise tax equal to 150 percent of the amount of excess reimbursement which such hospital has with respect to a cost payer for an accounting period subject to a mandatory limit. Imposes such tax on a private cost payer, if a hospital has such excess reimbursement with respect to such payer. Imposes on a hospital which has excess inpatient charges for an accounting period subject to a mandatory limit, an excise tax equal to the product of 150 percent of the amount of excess inpatient charges of the hospital for the accounting period, and the fraction of such charges not attributable to cost payers. Sets forth procedures for the payment of such taxes, or for the deferral and abatement of such taxes, if a hospital has an escrow account approved by the Secretary. Authorizes the Secretary to exclude from participation in Medicare, Medicaid, or the Maternal and Child Health and Crippled Children's Services program a hospital which changes its admission practices in a manner that tends to reduce the proportion of inpatients for whom reimbursement is less than the anticipated inpatient charges applicable to them. Establishes a 15-member, part-time National Commission on Hospital Cost Containment to advise the Secretary with respect to the implementation of this Act, and other matters affecting hospital expenses or revenues.
United States · United States Congress · 5 March 1979
Grants jurisdiction to the Court of Claims to hear, determine, and render judgement upon a claim of a named individual against the United States. Permits suit upon such claim to be instituted within one year.
United States · United States Congress · 1 March 1979
Privacy Act Amendments of 1979 - Amends the Privacy Act of 1974 to require medical service providers to permit individuals to inspect and copy their medical records. Provides for the correction of records at the individual's request. Prohibits disclosure of an individual's name or medical records without such individual's authorization. Permits disclosure of medical records without the individual's authorization in specified circumstances, including employee use, audit and evaluation, statutory requirements, law enforcement functions, parents of minors, health research, and judicial and administrative proceedings. Sets forth limits on disclosures in such circumstances. Authorizes governmental authorities to obtain medical records pursuant to a summons, subpoena, search warrant, or a written request. Requires the individual to be notified of such disclosure. Sets forth the procedure for an individual to challenge such a request. Permits the disclosure of medical records: (1) that are not individually identifiable; (2) in proceedings in which governmental authorities and the individual or medical service provider are parties; (3) in a General Accounting Office investigation of a governmental authority; (4) for intelligence purposes; or (5) in emergency situations. Requires the service provider to notify the individual when medical records are disclosed without such individual's authorization. Requires a warning against unauthorized disclosure to be placed on all written disclosures of medical information. Provides criminal and civil penalties for violations of the disclosure provisions. Stipulates limits on the use of medical information by grand juries. Requires annual reports by the Director of the Administrative Office of the United States Courts to the appropriate committees of Congress concerning individual challenges of medical record disclosures.
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 · 1 March 1979
National Science Foundation Authorization Act for Fiscal years 1980 and 1981 - Authorizes appropriations for activities of the National Science Foundation for fiscal year 1980, including the following categories: (1) mathematical and physical sciences and engineering; (2) astronomical, atmospheric, earth and ocean sciences; (3) United States Antarctic Program; (4) biological behavioral, and social sciences; (5) science education programs; (6) applied science and research applications; (7) scientific, technological, and international affairs; and (8) program development and management. Authorizes appropriations as necessary to the National Science Foundation for fiscal year 1981. Limits the transfer of funds from one category to another.
United States · United States Congress · 1 March 1979
Directs the President pro tempore of the Senate and the Speaker of the House of Representatives to appoint two individuals to serve as cochairpersons of a team of observers of the election in Rhodesia. Requires the team to observe such election and to report to Congress.
United States · United States Congress · 26 February 1979
Emergency Medical Services Systems Amendments of 1979 - Amends title VII (Health Research and Teaching Facilities and Training of Professional Health Personnel) and title XII (Emergency Medical Services Systems) of the Public Health Service Act to extend authorization of appropriations for assistance for: (1) emergency medical service systems (including grants for planning, initial operation, and expansion and improvement) in the following amounts: $40,000,000 for fiscal year 1980, $43,000,000 for fiscal year 1981, and $46,000,000 for fiscal year 1982; (2) research in emergency medical services in the following amounts: $3,200,000 for fiscal year 1980, $3,500,000 for fiscal year 1981, and $3,800,000 for fiscal year 1982; (3) programs relating to burn injuries in the amount of $3,000,000 for each of fiscal years 1980 through 1982; and (4) training in emergency medical services in the amount of $10,000,000 (the current level) for each of fiscal years 1980 through 1982.
United States · United States Congress · 26 February 1979
Amends part B (Child Welfare Services) of title IV of the Social Security Act to require States receiving payments under part B to develop an individualized case plan for each child receiving foster care, and to establish procedures for an impartial review of each such plan at least once every six months. Amends part A (Aid to Families with Dependent Children) of title IV to stipulate that the voluntary removal of a child from a relative's home prior to February 1, 1979, shall be considered to have been the result of a judicial determination if such an impartial review has been made and such child is determined to need foster care.
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 · 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
National Workers' Compensation Standards Act of 1979 - Establishes minimum standards for State workers' compensation laws. Provides that the employers in any State in which the laws do not meet such minimum standards shall be required to pay to any employee the difference between the State payments and the payments the Federal standards would require. Authorizes grants to States to assist them in achieving compliance with the minimum standards set forth in this Act. Vests administrative responsibility for these provisions in the Department of Labor. Directs the Secretary of Health, Education, and Welfare to undertake studies of employment-related diseases and to develop, and recommend proposals for standards for determining whether particular diseases arise out of and in the course of employment and cause death or disability and for diagnosing such diseases. Authorizes the Secretary of Labor (Secretary) to develop recommended standards for such purposes. Establishes procedures for such development and for publication of and public comment upon such standards. Requires the Secretary to: (1) evaluate States' compliance with such published advisory standards; (2) report such evaluation to Congress and recommend which such standards should be considered by the Congress as mandatory Federal standards; and (3) forward to the Congress reports of advisory committees and records of public hearings concerning such advisory standards. Authorizes the Secretary to recommend alternative means of establishing mandatory occupational disease standards and providing compensation for such disease. Directs the Secretary to conduct: (1) a comparative study of States' compensation of partial disabilities; (2) a study of the desirability and feasibility of a Federal minimum standard requiring periodic adjustment of benefits for death or total disability to reflect changes in the statewide average weekly wage; (3) a program of collection, compilation, and analysis of workers' compensation data; and (4) research, pilot projects and demonstration programs. Establishes a National Workers' Compensation Advisory Commission to monitor the progress of the States in meeting the standards established by this Act.
United States · United States Congress · 8 February 1979
Amends the Internal Revenue Code to include in the definition of "employee" an author or artist performing services under contract with a corporation and participating in one or more of the pension, profit-sharing or annuity plans of such corporation.
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 · 6 February 1979
Authorizes the establishment of Long Island Sound Heritage in the States of Connecticut and New York to protect the special natural and cultural heritage of the region. Directs the Secretary of Interior in cooperation with State and local officials to determine the lands and waters that have special recreational, ecological, conservational, scenic, historic, or cultural potential for inclusion in the heritage area. Directs the Secretary of Interior to implement the purposes of this Act by formulating detailed plans for the acquisition, development, protection, maintenance, and administration of the applicable lands and structures. Sets forth requirements for such plans. Authorizes the Secretary to acquire lands, waters, and interests enumerated by this Act by purchase or donation. Authorizes the Secretary to enter into cooperative agreements with the States of Connecticut and New York, and political subdivisions of such States and grant financial and other assistance in carrying out such plans in furtherance of the purposes of this Act.
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
Omnibus Antiterrorism Act of 1979 - States Congressional findings relative to the purpose of this Act and defines terms. Title I: Reorganization of Executive Office of the President - Establishes a Council to Combat Terrorism in the Executive Office of the President. Includes among the council's functions: (1) assisting the President to implement this Act; (2) assisting in the preparation of lists of countries aiding terrorist enterprises; and (3) coordinating Federal efforts to combat terrorism. Directs the President to report annually to Congress regarding acts of international terrorism and submit lists of countries supporting international terrorism. Specifies the sanctions to be imposed against such countries. Directs the President to report to Congress every two years concerning Federal and International Capabilities to Combat Terrorism. Title II: Reorganization of the Department of Transportation - Establishes an Office for Combating Terrorism in the Department of Transportation. Amends the Federal Aviation Act of 1958 to require the Secretary of Transportation to assess the effectiveness of security measures maintained at foreign airports and report such assessments to Congress. Authorizes the Secretary to restrict operations at those foreign airports failing to bring their security measures to the specified level of effectiveness. Authorizes the Secretary to provide technical aviation security assistance to foreign governments. Authorizes appropriations for such assistance. Title III: Reorganization of the Department of Justice - Establishes an Office for Combating Terrorism in the Department of Justice. Amends provisions relating to the manufacture of explosive materials to require such manufacturers to add an identification taggant and a detective taggant to the explosive materials. Prohibits the distribution, importation, or sale of explosive materials without such taggants. Specifies penalties for those manufacturers found violating such provisions. Exempts manufacturers of small arms ammunition and small quantities of black powder from such provisions. Requires the President to insure the full implementation of the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation. Amends provisions of title 18 of the U.S. Code that specify prohibited acts regarding the destruction of aircraft or aircraft facilities to, among other revisions, set forth penalties for committing violence against a passenger which is likely to endanger an aircraft in service, and for communicating false information which result in endangering the safety of an aircraft in flight. Sets forth penalties for a person found in the United States who has committed against or abroad a foreign aircraft an offense in violation of the Convention for the Supression of Unlawful Acts Against the Safety of Civil Aviation. Authorizes civil penalties for carrying an accessible weapon aboard an aircraft and for imparting or conveying information known to be false regarding specified crimes aboard an aircraft. Specifies criminal penalties for threatening to commit air privacy or any other of certain crimes aboard an aircraft. Title IV: Reorganization of the Department of State - Establishes an office for Combating International Terrorism in the Department of State. Urges the President to seek international agreements to assure cooperation in combating terrorism. Lists provisions which should be given priority in negotiating such agreements.
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
Urban Service Corps Act - Amends the Domestic Volunteer Service Act of 1973 to establish as a new program, the Urban Service Corps. Authorizes the Director of the ACTION Agency to develop and conduct, directly or through grants and contracts to public agencies and private nonprofit organizations, full- and part-time volunteer programs in urban areas with substantial unemployment and financial distress. Stipulates that such programs may include, but are not limited to: (1) volunteer service, with training and education, for unemployed youth; (2) block security, housing renovation, park beautification, and sanitation services; (3) child care, services to the elderly; disabled and infirm, and alternatives to institutionalization; and (4) technical assistance to businesses in deteriorating neighborhoods. Authorizes the Director to: (1) determine the terms and conditions of assignment for volunteers in such programs; (2) provide such volunteers with allowances, stipends, and other support, not to exceed those authorized for VISTA volunteers; and (3) provide technical and financial assistance to public and private nonprofit groups using such volunteers. Requires the Director to insure coordination of such programs with other public and private programs. Limits financial aid to public or private groups to 90 percent of the approved cost of the project. Authorizes the Director to approve assistance in excess of such limitation in specified instances.
United States · United States Congress · 5 February 1979
Consolidated Banking Regulation Act of 1979 - Establishes a five-member independent regulatory commission to be known as the Federal Bank Commission to perform certain of the regulatory and administrative functions of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the Federal Reserve System which relate to the examination, supervision, and regulation of foreign and domestic banking. Establishes a Division of National Bank Supervision and Regulation and a Division of State Bank Supervision and Regulation within the Commission. Prohibits Commission members or employees with major supervisory responsibility, and the spouses or dependents of such individuals, from engaging in specified investment activity which could result in a conflict of interest. Transfers to the Commission: (1) all bank examining and other banking supervisory functions, except internal examination and supervision operations, of the Board of Governors of the Federal Reserve System and the Federal Reserve Banks; (2) all functions of the Comptroller of the Currency except currency issue and redemption functions, which are transferred to the Secretary of the Treasury; and (3) all functions of the Board of Directors of the Federal Deposit Insurance Corporation. Title II: Conforming Amendments - Makes technical amendments to conform Federal law to the changes made by such Act.
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
Repeals the requirement, under the Social Security Amendments of 1977, that the amount of monthly benefits payable to a spouse or surviving spouse under title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act be reduced by the amount such spouse or surviving spouse receives in monthly payments from a Federal or State pension fund.
United States · United States Congress · 29 January 1979
Justice System Improvement Act of 1979 - Restates and amends in its entirety title I of the Omnibus Crime Control and Safe Streets Act of 1968 (Law Enforcement Assistance). Sets forth the purposes of this Act. Retains within the Department of Justice the Law Enforcement Assistance Administration (LEAA), and within the Administration, the Office of Community Anti-Crime Programs. Establishes within the Department and independent of the LEAA two separate bodies: (1) the National Institute of Justice (NIJ) to promote research and demonstration efforts for the purpose of (A) improving Federal, State, and local criminal, civil, and juvenile justice systems, (B) preventing crimes and unnecessary civil disputes, and (C) insuring citizen access to appropriate dispute-resolution forms; and (2) the Bureau of Justice Statistics (BJS) to promote the collection and analysis of statistical information concerning crime, juvenile delinquency, and civil disputes. Establishes Advisory Boards to the NIJ and the BJS, and directs each Board to review and make recommendations with respect to the activities undertaken by their respective bodies. Restructures the existing program of grants and assistance to State and local units of government into three categories; formula grants, national priority grants, and discretionary grants. Sets forth the purpose for which such grants may be made and the procedures to be followed in making the grants. Continues the authority of the LEAA to conduct training, recruiting and career development programs for law enforcement officials. Establishes within the Department of Justice an Office of Justice Assistance, Research, and Statistics to provide staff support, set policy, and coordinate the activities of the National Institute of Justice, the Bureau of Justice Statistics, and the LEAA. Establishes an advisory board to the Office. Sets forth the powers and administrative procedures of the offices established by this Act. Authorizes appropriations to carry out the programs and grants established by this Act. Continues the existing program of public safety officers' death benefits.
United States · United States Congress · 29 January 1979
National Institute of Justice Act - Establishes as an independent agency the National Institute of Justice, consisting of a Board of Trustees, a Director, and a Council. Authorizes and directs the Institute through grants, contracts and its own activities to: (1) evaluate the quality of justice and the administration of law; and (2) conduct research, experimental programs, training and educational programs, and information services with respect to such areas. Directs the Institute to give particular attention to the opportunities of individual citizens to secure prompt and effective enforcement of their constitutional rights, legal rights, and privileges and obligations, and to securing to them equal access to legal redress without regard to wealth, social position, race, sex, age, religion, or national origin.
United States · United States Congress · 29 January 1979
Amends rule XXV of the Standing Rules of the Senate to change the name of the Committee on Human Resources to the Committee on Labor and Human Resources.
United States · United States Congress · 29 January 1979
Expresses the sorrow of the Senate upon the death of Nelson A. Rockefeller, a former Vice President of the United States. Directs the Presiding Officer of the Senate to appoint a committee to attend the memorial service. Declares that when the Senate recesses, it does so as a further mark of respect to the deceased.
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
Sudden Infant Death Syndrome Act Amendments of 1979 - Amends title XI of the Public Health Service Act (Genetic Diseases, Hemophilia Programs, and Sudden Infant Death Syndrome) to revise the current information services program with respect to sudden infant death syndrome (SIDS), including requirements that: (1) a reporting system to the Department of Health, Education, and Welfare be implemented; (2) coordinated clearinghouse activities be carried out on all aspects of SIDS; and (3) grant applications provide for parent self-help group involvement. Requires the Secretary of Health, Education, and Welfare to: (1) submit annually to the appropriate congressional committees a comprehensive report on the administration of the program, including the extent of allocations made to rural and urban areas; and (2) conduct a study on State laws, practices, and systems relating to death investigation and their impact on sudden infant deaths and report the results to Congress. Extends and increases the authorization of appropriations for such program in the following amounts: $7,000,000 for fiscal year 1980, and $9,000,000 for fiscal year 1981. Directs the Secretary to distribute such appropriations equitably among the regions of the Nations. Directs the Secretary to assure that there are applied adequate amounts from sums appropriated to the national institute on Child Health and Human Development to make maximum feasible progress toward the prevention of sudden infant death syndrome, and to report to the appropriate congressional committees with respect to sudden infant death syndrome research.
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
Amends the Internal Revenue Code to permit taxpayers who do not itemize income tax deductions to claim a deduction from gross income for charitable contributions.
United States · United States Congress · 25 January 1979
Title I: Nurse Training - Nurse Training Amendments of 1979 - Amends title VIII of the Public Health Service Act to extend the assistance program for nurse training and students, generally at reduced levels of authorization through fiscal year 1980. Directs the Secretary of Health, Education, and Welfare to: (1) arrange for the conduct of a study, either with the National Academy of Sciences (if such body agrees) or with another public or nonprofit private entity (if the Academy declines), to determine the need to continue a specific Federal assistance program for nursing education, taking into account specified factors; and (2) report to Congress on such study by January 15, 1980. Title II: Other Health Professions Programs - Amends title VII of the Public Health Service Act (Health Research and Teaching Facilities and Training of Professional Health Personnel) to authorize the Secretary of Health, Education, and Welfare to increase the ceiling on federally insured loans in any academic year to a medical student in a school of medicine, osteopathy, or dentistry from $10,000 to $15,000 upon a determination that educational costs require such increase. Increases the aggregate insured unpaid principal amount for all such insured loans made to any such borrower from $50,000 to $60,000. Authorizes the Secretary to defer the date used with respect to service requirements for National Health Service Corps scholarships for students of medicine, osteopathy, or dentistry for a period longer than the current three-year limit for such deferment. Exempts a medical or osteopathic school participating in an area health education center program from the requirement that such school conduct a program for training physician assistants or nurse practitioners which emphasizes enrolling individuals from the area served by the center of the program, if another school participating in the same program meets such requirement. Increases from $5,000,000 to $10,000,000 the sums which may be obligated for schools of medicine and other types of health care which are financially distressed or unaccredited, from the total authorizations for start-up assistance, financial distress training, and curriculum development of medical schools. Amends the Health Professions Educational Assistance Act of 1976 to extend authorization of appropriations through fiscal year 1981 for certain area health education programs which are funded under the Public Health Service Act prior to October 12, 1976.
United States · United States Congress · 25 January 1979
Constitutional Amendment - Provides that the people of the several States, and the District constituting the seat of Government of the United States shall elect the President and Vice President. Requires each elector to cast a single vote for two persons who shall have consented to the joining of their names as candidates for the offices of President and Vice President. Requires the electors of President and Vice President in each State to have the qualifications requisite for electors of the most numerous branch of the State legislature, except that for electors of President and Vice President, the legislature of any State may prescribe less restrictive residence qualifications and for electors of President and Vice President the Congress may establish uniform residence qualifications. Provides that the pair of persons having the greatest number of votes for President and Vice President shall be elected, if such number is at least 40 percent of the whole number of votes cast. Provides that if no pair of persons has such number, a runoff election shall be held in which the choice of President and Vice President shall be made from the two pairs of persons who received the highest numbers of votes. Requires the days for such elections to be determined by Congress and to be uniform throughout the United States. Requires Congress to prescribe by law the time, place, and manner in which the results for such elections shall be ascertained and declared. Allows Congress to provide for the case of the death, inability, or withdrawal of any candidate for President or Vice President before a President and Vice President have been elected, and for the case of the death of both the President-elect and Vice President-elect.
United States · United States Congress · 24 January 1979
ERISA Improvements Act of 1979 - Title I: Amendments to the Employee Retirement Income Security Act of 1974 - Amends the Employee Retirement Income Security Act of 1974 to declare an additional policy of ERISA to foster the establishment and maintenance of employee benefit plans sponsored by employers and/or employee organizations. Revises the definition of the term "party in interest." Redefines "multiemployer plan" to mean a plan which is maintained pursuant to one or more collective bargaining agreements between an employee organization and more than one employer and to which ten or more employers contribute, or to which more than one and fewer than ten employers contribute if the Secretary of Labor finds that treating such a plan as a multiemployer plan is appropriate. Requires a plan administrator to disclose accrued benefits to a plan participant, following termination of service or a one-year break in service, if such participant is entitled to a deferred vested benefit. Authorizes the Secretary of Labor to exempt any employee benefit plan from any of the reporting and disclosure requirements, or to modify such requirement, upon a determination that such change is: (1) in the public interest; and (2) consistent with the purposes of title I of ERISA. Eliminates the requirement that a plan administrator furnish to a participant or beneficiary a copy of certain finance statements within 210 days of the close of the plan's fiscal year. Sets a $10 limit on the amount an administrator can charge for a copy of the full annual report. Requires, rather than allows, accountants to rely on the correctness of any actuarial matter certified by an enrolled actuary. Provides for the transfer of contributions from one collectively bargained pension or welfare plan to a similar plan in which an employee had become a participant, upon written agreement of the administrators of both plan. Allows a benefit plan to determine eligibility on a plan year basis, in addition to a participant's employment commencement date, as long as rights and benefits are based upon all of such employee's service. Amends provisions with respect to the accrual of benefits in a multiemployer plan and multiemployer suspension of benefits because of reemployment. Prohibits the reduction of: (1) disability benefits paid under a welfare plan because of an increase in the social security benefit level or wage base; and (2) benefits paid to a vested participant who has separated from service because of any employer payment as a result of a worker's compensation award. Requires a plan which gives an annuity as the normal form of benefit to provide for a participant's spouse a survivor's annuity, if such participant has at least ten years service for vesting purposes. Requires a plan which does not give an annuity as the normal form of benefit to provide such a participant's spouse with a lump sum or installment payment. Entitles participants to elect not to take, or to revoke, such joint and survivor annuities, under specified circumstances. Allows the funding method of a plan to take account of all plan provisions, including future benefit reductions. Redefines the contents of a general asset account in the case of plans which have guaranteed benefit policies with an insurer. Permits a collectively bargained multiemployer plan to return an employer contribution within six months after the plan administrator knows that the contribution was made as a result of a mistake of fact or in violation of the Labor-Management Relations Act. Defines "knowledge" of a fiduciary who is not an individual, for purposes of the liability for a co-fiduciary's breach of duty, as knowledge actually communicated, or knowledge which should have been communicated in the normal course of business. Requires that one member of the Advisory Council on Employee Welfare and Pension Benefit Plans be a representative of employers maintaining small plans. Directs the Secretary of Labor to study the feasibility of requiring pension plans to provide cost-of-living adjustments to benefits payable under such plans. Requires a court to allow reasonable attorney fees and costs, where a judgment has been awarded in an action to collect contributions owed to an employee benefit plan. Provides that no person or employee benefit plan shall be subject to civil or criminal liability as the result of an action explicitly or implicitly alleging that the interest of an employee in a benefit plan is a security under Federal or State securities laws. States that Federal courts shall not have jurisdiction of such causes of action. Provides that an interest in a bank's single or collective trust or an insurer's separate account and issued exclusively to a benefit plan is not a security for the purposes of the registration requirements of Federal or State securities laws. Directs the Secretary of Labor to promulgate regulations with respect to such pooled investment funds. Prohibits any person from knowingly misrepresenting the terms and conditions of a benefit plan or the status of any participant or beneficiary under such plan. Stipulates that the benefit plan shall not be liable for damages resulting from such misrepresentation. Specifies two areas in which ERISA shall not preempt State laws relating to employee benefit plans: (1) health care, including (A) laws requiring a contract or policy of insurance issued to a plan to permit participants to convert or continue protection after it ceases to be provided by the plan, and (B) the Hawaii Prepaid Health Care Law, and other State laws which are substantially identical to such Hawaii law; and (2) domestic relations, including any judgment, decree, or order issued under State common or community property laws, under specified circumstances. Provides that ERISA shall preempt a State insurance law which requires that a specific benefit be made available by a contract or insurance policy issued to an employee benefit plan. Title II: Amendments to the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to treat all defined benefit and contribution plans under the Employee Retirement Income Security Act of 1974, and all pension, profit-sharing, and stock bonus plans as a single plan for purposes of determining the amount of lump sum distribution to which a beneficiary of such plans becomes entitled upon the death, retirement, or disability of the covered employee. Provides that a multiemployer plan may treat an employee who has not worked in service covered under such plan for a period of six months as having separated from service for purposes of the lump sum distribution. Allows an income tax deduction for contributions made by employees to qualified employee retirement savings plans. Limits the amount of the allowable deduction to the lesser of ten percent of employee compensation or $1,000. Disallows the deduction for plans which discriminate in favor of highly compensated employees. Allows an income tax credit to small business employers who maintain or make contributions to a qualified employer retirement plan. Limits the amount of such credit to a specified percentage of the amount allowed as an income tax deduction for employer contributions to an employee trust or annuity plan under the Internal Revenue Code. Title III: Special Master and Prototype Plans - Amends ERISA to create a new type of master or prototype employee pension benefit plan which has been approved by the Secretary of Labor, and the assets of which are controlled by one or more master sponsors, who may be registered investment advisors, banks, or insurance companies. Relieves an employer who establishes such a plan of many of the administrative requirements of ERISA. Title IV: Employee Benefits Commission - Establishes a five-member, full-time Employee Benefits Commission as an independent agency within the executive branch. Creates two new positions, entitled "special liaison officer to the Employee Benefits Commission," one within the Department of Labor and one within the Department of the Treasury, to serve as the chairman and vice chairman of the Commission. Directs the Commission to: (1) formulate policy with respect to Federal laws relating to employee benefit plans; (2) administer and enforce titles I and IV of ERISA; and (3) administer and obtain compliance with specified provisions of the Internal Revenue Code relating to the qualification of employee benefit plans. Transfers to the Commission the authority of the Secretary of Labor and the Pension Benefit Guaranty Corporation granted under ERISA, and functions of the Secretary of the Treasury relating to employee benefit plans. Grants to the Commission additional powers, including: (1) requiring the attendance and testimony of witnesses and the production of documentary evidence, (2) initiating civil actions for enforcement purposes; and (3) certifying to the Secretary of the Treasury that an employee benefit plan does or does not satisfy the requirements of the Internal Revenue Code for qualified plans.
![Official portrait of Sen. Javits, Jacob K. [R-NY]](https://www.congress.gov/img/member/j000064_200.jpg)