United States · United States Congress · 8 March 1979
Amends the Atomic Energy Act of 1954 to direct the Chairman of the Nuclear Regulatory Commission to notify the Governor and other State officials, or the Tribal Council of any affected Indian tribe, of its intent to explore a site for a radioactive waste storage and disposal facility to be selected within such State or tribal lands. Directs the Chairman to establish a Federal and State Radioactive Materials Management Commission upon the request of such Governor or Tribal Council, to allow for State or Tribal participation and to obtain concurrence with the Department of Energy regarding site selection and construction of such facilities. Prohibits any Federal agency from proceeding with any such project without resolution of any objections of a State or Tribal Council.
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
Amends the Internal Revenue Code to allow an individual income tax deduction for amounts paid in cash by or on behalf of an individual to a qualified retirement plan (currently excluded from such deduction) in which such individual was an active participant for any part of the taxable year. Defines a qualified retirement plan to include: (1) a private tax-exempt pension, profit-sharing, or stock bonus plan; (2) an employee annuity plan; (3) a qualified bond purchase plan; or (4) a specified type of pension plan provided for employees of life insurance companies.
United States · United States Congress · 1 March 1979
Amends the Internal Revenue Code to provide that compensation paid to an employee of a tax-exempt organization which is deferred under a compensation plan maintained by such an organization shall be includible in the gross income of the participant or beneficiary of such a plan only in the year in which the compensation is paid to the participant or beneficiary. Permits the deferral of the lesser of $7,500 or one-third of such employee's compensation in any taxable year. Permits the deferral of up to $15,000 ("catch-up exclusion") of compensations for any employee who did not utilize the $7,500 or one-third deferral limitation in the previous taxable years, if such employee is within three years of normal retirement age. States that the provisions of this Act shall apply to tax-exempt organizations in taxable years beginning after December 31, 1979.
United States · United States Congress · 26 February 1979
Deep Seabed Mineral Resources Act - Title I: Regulation of Exploration and Commercial Recovery by United States Citizens - Disclaims extraterritorial sovereignty by the United States over deep seabeds. Prohibits any United States citizen from engaging in exploration of or commercial recovery from, the deep seabed unless authorized: (1) under a license issued pursuant to this Act; (2) under a license issued by a reciprocating state; or (3) pursuant to an international agreement. Permits the continuation of existing exploration upon timely application for such license. Prohibits interference with the activities of a licensee under this Act. Stipulates activities which are exempted from this Act. Sets forth procedures for the issuance of, and limitations upon, licenses for exploration and commercial recovery under this Act. Declares any United States citizen eligible for a license for exploration. Establishes a formula for the determination of priority of right for issuance. Sets forth findings which must be made prior to issuance of a license of exploration or commercial recovery. Permits modifications or suspension of operations upon order of the Secretary of the Interior. Provides for an antitrust review by the Attorney General and the Federal Trade Commission of any such license application. Stipulates procedures and effects of denial, suspension, modification, or revocation of a license. Requires the preparation of environmental impact statements with respect to the areas likely to be developed by United States citizens. Specifies criteria for the size of areas of exploration or commercial recovery. Requires the Secretary to impose performance requirements upon licensees. Permits relinquishment or surrender of such licenses. Permits license restrictions pertaining to the conservation of natural resources. Requires certain record keeping, environmental impact statements, navigational safety procedures and disclosure by licensees. Prohibits licensees from interfering with reasonable uses of the seas. Permits the Secretary to monitor exploration or commercial recovery operations. Permits the Secretary to designate "reciprocating states" as defined by this Act. Title II: Transition to an International Agreement - Declares the intent of Congress regarding any international seabed agreements to which the United States may become a party to be: (1) to provide reasonable access to the deep seabed mineral resources for United States citizens; and (2) to recognize certain continuing seabed mining rights of United States citizens who have begun such mining operations prior to any such international agreement. Sets forth the effect upon specified provisions of this Act resulting from subsequent international agreements. Title III: Enforcement Authority - Makes unlawful any violations of this Act. Establishes civil and criminal penalties for such violations. Directs the Secretary of the Interior to enforce this Act. Directs the Secretary of the department in which the Coast Guard is operating to have exclusive responsibility for enforcement measures carried out at sea which affect the operation of vessels under a license or permit. Makes vessels in violation of this Act liable in rem for such violation and subject to civil forfeiture. Title IV: Miscellaneous Provisions - Directs the Secretary to issue regulations for the implementation of this Act and to submit to the Congress an annual report on the implementation of this Act. Title V: Taxation of Removal of Deep Seabed Hard Minerals - Deep Seabed Hard Mineral Removal Tax Act of 1979 - Amends the Internal Revenue Code of 1954 to impose an excise tax on the removal of hard mineral resources from the deep seabed. Establishes in the United States Treasury a Deep Seabed Fund.
United States · United States Congress · 22 February 1979
Amends certain veterans' provisions in the National Cemetery System concerning memorial areas honoring veterans whose remains were unrecoverable or unidentifiable to include those veterans whose remains have been donated for use in medical research or training.
United States · United States Congress · 22 February 1979
Authorizes the burial in a national cemetery of the surviving parents of any member of the Armed Forces who was the only child of such parents and whose death occurred under honorable conditions while such member was serving on active duty for a period of more than 30 days.
United States · United States Congress · 22 February 1979
Entitles former members of the armed forces who are totally disabled as a result of a service-connected disability to travel on military aircraft in the same manner and to the same extent as retired members of the armed forces are entitled to travel on such aircraft.
United States · United States Congress · 22 February 1979
Authorizes the Administrator of Veterans' Affairs to provide outpatient dental services to any war veteran with an 80 percent or more service-connected disability.
United States · United States Congress · 22 February 1979
Amends the Internal Revenue Code to include displaced homemakers (as defined by the Comprehensive Employment and Training Act Amendments of 1978) as a targeted group for whom the new employee tax credit is available.
United States · United States Congress · 22 February 1979
International Sugar Stabilization Act of 1979 - Title I: International Sugar Agreement - Authorizes the President to implement the International Sugar Agreement by (1) regulating the entry of sugar from any country not a member of the International Sugar Organization, and (2) requiring records and reports concerning the entry of sugar. Establishes criminal penalties for violating such regulations. Requires the President to submit to Congress an annual report on the Agreement beginning in 1980. Title II: Domestic Sugar Program Provisions - Establishes 17 cents per pound, raw value, as the price objective for domestic sugar during the 1978 sugar supply year. Sets forth the formula for determining the price objective for succeeding years. Requires the Secretary of Agriculture to monitor the average daily price of sugar imports. Directs the Secretary to recommend that the President impose special import duties and quotas on sugar and sugar-containing products to assure that the average daily price of sugar imports will meet the proclaimed price objective for sugar. Requires the Secretary to review the imposed duties and quotas and recommend any adjustments to the President. Authorizes the President to impose special import duties or quotas after receiving any recommendation of the Secretary within certain time limitations. Prohibits the importation of direct-consumption sugar unless a national emergency is proclaimed because of an imminent shortage of such sugar due to lack of refining capacity. Prohibits the importation of more than 100 pounds of sugar annually into the Virgin Islands. Prohibits the exportation of certain sugar. Establishes penalties for violations of such regulations. Exempts certain sugar or sugar-containing products from this title. Specifies that certain sugar entered for subsequent export shall not be charged against any proclaimed quota. Authorizes the President to suspend the operation of this title in a national emergency. Amends the Tariff Schedules of the United States to permit the President to proclaim special import duties and quotas on sugars, syrups, and molasses in order to carry out this Act. Title III: Miscellaneous Provisions - Vests jurisdiction for enforcing this Act in U.S. district courts. Requires all persons engaged in manufacturing, marketing, transporting, or industrial use of sugar and other sweeteners to furnish the Secretary with necessary information. Prohibits officials engaged in the administration of this Act from investing or speculating in sugar. Establishes penalties for violating these regulations. Authorizes the Secretary to conduct surveys and investigations to carry out this Act. Directs the Secretary to conduct studies on the costs of producing various sugar and sweetener products. Extends the current price support programs for sugar beets and sugarcane through the 1981 crops. Authorizes the Secretary to waive part of the interest and/or principal to encourage repayment of Commodity Credit Corporation loans with respect to the 1977 and 1978 crops of sugar beets and sugarcane. Terminates this Act, except for Title I and the provisions authorizing the President to impose duties and quotas, on September 30, 1982.
United States · United States Congress · 22 February 1979
Equal Employment Opportunity for the Handicapped Act of 1979 - Amends the Civil Rights Act of 1964 to include discrimination of the handicapped as an unlawful employment practice. Permits such discrimination pursuant to a bona fide seniority or merit system or as a bona fide occupational qualification. Authorizes courts to order the hiring or reinstatement or paying of back pay to anyone discriminated against on the basis of their handicap. Prohibits discrimination in Federal employment of the handicapped. Authorizes civil actions for such discrimination.
United States · United States Congress · 22 February 1979
Authorizes the Administrator of Veterans' Affairs to extend, upon a showing of compelling reason, the period within which a veteran must use his or her educational benefits.
United States · United States Congress · 22 February 1979
Permits the Secretary of the Army, with the officer's consent, to retain any reserve officer in an active status until such officer reaches the age of 60.
United States · United States Congress · 21 February 1979
Regulatory Reform Act - Requires the President to submit to Congress a plan recommending reforms with respect to the regulation of: (1) energy, the environment, housing, and occupational health and safety by specified Federal agencies by April 30, 1981; (2) transportation and communications by specified Federal agencies by April 30, 1983; (3) banking and finance, international trade, and Government procurement by specified Federal agencies by April 30, 1985; and (4) food, consumer health and safety, economic trade practices, and labor-management concerns by specified Federal agencies by April 30, 1987. States that each such plan shall include recommendations for reform of such specified agencies and shall report on the cumulative impact of all Government regulatory activity reviewed, up to that date, on specific industry groupings. States that if the President fails to submit such plans by the specified dates, the House Committee on Government Operations or the Senate Committee on Governmental Affairs in cooperation with the committees of Congress which have legislative jurisdiction over such areas, shall draft their own plans to be submitted to Congress for action. Requires the Comptroller General and the Congressional Budget Office, contemporaneously with the development of the President's plan, to submit a report assessing the purpose, effects, efficiency, and cost effectiveness of each agency included in the plans submitted by the President. States that if no comprehensive regulatory reform legislation is enacted by August 1 of the year following the year in which a comprehensive plan has been submitted by the President, then all agencies affected thereby shall have no authority to issue any new rules not essential for preserving the public health and safety; if such reform is not enacted by October 1 of such year, such agency shall have no authority to enforce any rule not essential for preserving the public health and safety; if no such reform is enacted by December 31 of such year, such agency shall be terminated on such date. States that all rules of such terminated agency essential for preserving the public health and safety shall remain effective and shall be enforced by the Department of Justice. Requires the President to submit subsequent plans in the manner and in the order and frequency set forth by this Act every ten years.
United States · United States Congress · 9 February 1979
Authorizes the Secretary of Health, Education, and Welfare to enter into agreements with 12 States for the purpose of conducting demonstration projects for the training and employment as homemakers or home health aids of individuals who have been certified by the appropriate State or local government agency as being eligible for financial assistance under a State plan of Aid to Families with Dependent Children approved under title IV of the Social Security Act. Directs the Secretary to submit annual reports to the Congress evaluating the demonstration projects.
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
Extends to June 30, 1982, the time period for the duty-free entry of a telescope and associated articles for the use of the Canada-France-Hawaii Telescope Project at Mauna Kea, Hawaii.
United States · United States Congress · 7 February 1979
Amends the Bank Holding Company Act of 1956 to prohibit bank holding companies and their subsidiaries from selling insurance as principals, agents or brokers, except: (1) where the insurance secures an extension of credit in the event of death or disability of the debtor; (2) any insurance activity in a community of less than 5,000 or which has inadequate insurance agency facilities; (3) any insurance activity approved prior to June 6, 1978; or (4) any insurance activity of a bank holding company with less than $50,000,000 in total assets.
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 Employment Act of 1946 to require the annual budget submitted by the President pursuant to the Budget and Accounting Act, 1921, to contain a total amount of estimated outlays equal to the total amount of estimated receipts which would result if the increase in real economic growth for the fiscal year concerned was three percent. Authorizes the President to submit an alternative budget which does not comply with such requirement. Permits the Congress to consider such an alternative budget if each House concurs, by a two-third vote, with the President's determination that a national emergency so requires.
United States · United States Congress · 1 February 1979
Disapproves the proposed deferral of budget authority deferral D79-6 to promote and develop fishery products and research pertaining to American fisheries, as transmitted by the President to the Congress on October 2, 1978, pursuant to the Impoundment Control Act of 1974.
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
Regulatory Flexibility Act - Requires Federal agencies to include the following information in the general notice of a proposed rule: (1) the goals and purpose of the rule; (2) the estimated number of individuals, businesses, organizations, and governmental jurisdictions affected by the rule; (3) a statement that the agency seeks alternative proposals which could achieve the goal of the proposed rule at a lower cost to individuals, small businesses, small organizations, and small governmental jurisdictions; and (4) a list of the measures necessary for compliance with any reporting requirement affecting more than ten persons. Requires Federal agencies to accept and consider alternative proposals to a proposed rule and to publish those proposals with justification of the selection of the final rule. Defines a small business, small organization, small governmental jurisdiction, and an individual as used in this Act. Directs each agency to publish a plan for reviewing its rules within 180 days after enactment of this Act. Requires each agency to determine whether such rules are efficiently achieving the goals of the implementing legislation. Directs the agency to publish annually a list of the rules to be issued and reviewed during the next year.
United States · United States Congress · 31 January 1979
Antitrust Enforcement Act of 1979 - Amends the Clayton Act to entitle any purchaser or seller in the chain of manufacture, production, or distribution of goods and services to relief under such Act, upon proof of an overcharge or underpayment resulting directly or indirectly from an antitrust violation. States that such relief may be granted in individual suits, suits by the United States, or parens patrie actions brought by a State attorney general for natural persons residing in the State. Authorizes the courts, in any civil action brought by a person or the United States, to permit the defendant to prove that the plaintiff was able to pass on to third parties all or part of an overcharge or underpayment. Grants the court the discretion to hear such evidence as a partial or complete defense in order to avoid duplicative liability. Enables the parties to any class action to prove the fact of injury, the amount of passed on charges and the extent of damages on a classwide basis, without requiring proof of such matters by each individual member of the class. Authorizes the judicial panel on multidistrict litigation to consolidate and transfer any action brought under the Clayton Act, with or without the consent of the parties for both pretrial and trial purposes.
United States · United States Congress · 29 January 1979
Anti-Arson Act of 1979 - Establishes an Interagency Committee on Arson Control to coordinate Federal anti-arson programs and to provide assistance to State and local governments for the prevention, detection and control of arson. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the awarding of grants to States and localities for: (1) programs designed to prevent and detect crimes involving arson; and (2) the development of education and training for State and local prosecutors with respect to the crime of arson. Requires the Director of the Federal Bureau of Investigation to: (1) classify arson as a major crime in the Uniform Crime Reports; and (2) develop a special investigation program for the crime of arson. Directs the Administrator of the National Fire Prevention and Control Administration to: (1) conduct a research program for the development of techniques and equipment for use by State and local fire fighting and law enforcement personnel for arson prediction, prevention, and control; (2) establish anti-arson educational and training programs for State and local government; (3) develop materials for community awareness programs; and (4) provide information relative to the prevention, prediction, occurrence, and control of arson. Amends the Urban Property Protection and Reinsurance Act of 1968 to provide that fair access to insurance requirements plans shall require policies to be issued only after insurers obtain information from a prospective policyholder with respect to arson.
United States · United States Congress · 25 January 1979
Congressional Award Program Act - Establishes the Congressional Award Program in the United States and its territories to recognize and promote youth leadership and excellence in the areas of expedition fitness, personal creative development, and public service. Creates a Congressional Award Board with a Director to supervise such program. Authorizes the appointment of State award directors under this Act. Exempts the Board, its property, and its income from present and future Federal, State, and local taxation, with specified exceptions. Creates three Congressional Award Medals to the awarded under this Act.
United States · United States Congress · 25 January 1979
Federal Computer Systems Protection Act of 1979 - Prohibits anyone from directly or indirectly accessing or causing to be accessed for fraudulent purposes a computer system operating in interstate commerce or having a connection with the Federal Government or any financial institution.
United States · United States Congress · 25 January 1979
Amends title XVIII (Medicare) and title XIX (Medicaid) of the Social Security Act to include the services of licensed practical nurses under the coverage provided pursuant to such titles.
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
Department of Education Organization Act of 1979 - Title I: General Provisions - Declares the purposes of this Act to be to: (1) insure that education receives the appropriate emphasis at the Federal levels; (2) coordinate Federal educational programs; (3) supplement and complement the educational efforts of State, local, and tribal governments, as well as the private sector; and (4) protect the rights of State, local, and tribal governments, and public and non-public educational institutions in the areas of educational policies, administration of programs, and selection of curriculums and program content. Title II: Establishment of Department - Establishes an executive department to be known as the Department of Education to be headed by a Secretary of Education. Establishes, within such Department, offices of Assistant Secretary for: (1) Special Education and Rehabilitative Services; (2) Postsecondary Education; (3) Elementary and Secondary Education; (4) Occupational, Adult, and Community Education; and (5) Educational Research and Development. Establishes within such Department: (1) a Director of the Office of Civil Rights; (2) two additional Assistant Secretaries; (3) an Inspector General; (4) a General Counsel; and (5) an Administrator of Education for Overseas Dependents. Includes, within the functions of such Department, the administration of programs relating to: (1) elementary, secondary, and postsecondary education; (2) occupational, adult, and community education; (3) grants; (4) special education and rehabilitative services; (5) schools for overseas dependents of the Department of Defense; (6) enforcement of civil rights; (7) educational research; (8) intergovernmental policies; (9) public information; and (10) congressional relations. Establishes, within such Department, Offices of: (1) Civil Rights; (2) Elementary and Secondary Education; (3) Postsecondary Education; (4) Occupational, Adult, and Community Education; (5) Special Education and Rehabilitative Services; (6) Education for Overseas Dependents; (7) Educational Research and Improvement; (8) Inspector General; and (9) General Counsel. Establishes within such Department an Intergovernmental Advisory Council on Education to assure the effective coordination of Federal programs. Establishes a Federal Interagency Committee on Education to assist the Secretary in coordinating the procedures and actions of the Department with other Federal agencies. Title III: Transfers of Agencies and Functions - Transfers to the Department from the Department of Health, Education, and Welfare (HEW): (1) the Education Division of HEW, including the National Institute of Education; (2) the Office of the Assistant Secretary for Education, including the National Center for Education Statistics; (3) the Institute of Museum Services; (4) any advisory committees primarily concerned with education; and (5) the Office of Information and Resources for Handicapped Individuals; (6) the Rehabilitation Services Administration, except the part of such Administration that administers the Developmental Disabilities Assistance and Bill of Rights Act; (7) the National Institute of Handicapped Research; (8) the Interagency Committee on Handicapped Research; (9) the Helen Keller National Center for Deaf-Blind Youth and Adults; and (10) the National Council on the Handicapped. Transfers from HEW to the Department of Education educational functions regarding: (1) the General Education Provisions Act; (2) the Emergency School Aid Act; (3) the Higher Education Act of 1965; (4) the Emergency Insured Student Loan Act of 1969; (5) the Act of August 30, 1898; (6) title II of the Elementary and Secondary Education Act of 1965; (7) certain provisions of the Alcohol and Drug Abuse Education Act; (8) the International Education Act of 1966; (9) the National Defense Education Act of 1958; (10) the Education of the Handicapped Act; (11) the National Commission on Libraries and Information Science Act; (12) the Vocational Education Act of 1963; (13) the Career Education Incentive Act; (14) the Office of Civil Rights; (15) the budgetary oversight of certain educational institutions; (16) certain loans and scholarships for students in the medical and health services under the Public Health Service Act; (17) certain provisions under the Rehabilitation Act of 1973; (18) the National Institute of Education and the Institute of Museum Services; (19) Gallaudet College, Howard University, the American Printing House for the Blind, and the National Technical Institute for the Deaf; and (20) telecommunications grants under the Communications Act of 1934. Transfers to the Department of Education from the Departments of: (1) Defense, the administration and operation of overseas dependents schools; (2) Justice, the student loan and grant programs known as the Law Enforcement and Education Program and the Law Enforcement Intern Program; and (3) Housing and Urban Development, the administration of college housing loans. Transfers to the Department of Education: (1) specified functions of the National Science Foundation; and (2) the Advisory Council on Educational Statistics. Title IV: Administrative Provisions - Authorizes the Secretary to appoint and fix the salaries for the Department's employees in accordance with the civil service laws. Allows certain higher level appointments to be made by the Secretary without Civil Service Commission approval if the individual so appointed is transferred to the Department in connection with a transfer of functions under this Act. Stipulates that Congress shall authorize the annual number of personnel for the Department of Education. Establishes guidelines for computing such personnel authorization. Grants rulemaking authority to the Secretary. Requires such rules to be in accordance with the Administrative Procedures Act and specified provisions of the General Education Provisions Act. Authorizes the Secretary to (1) employ experts and consultants; (2) enter into contracts with public agencies and private persons and organizations; (3) provide technical advice to participants or potential participants in Departmental programs; (4) maintain, alter, or discontinue field offices; (5) acquire and maintain schools, laboratories, and related facilities; (6) provide and maintain various facilities for employees and their dependents at remote locations; (7) utilize, with their consent, Federal, State, tribal, or foreign facilities; (8) acquire necessary copyrights and patents; (9) accept and utilize gifts and requests of real and personal property; (10) establish a working capital fund for administrative expenses; and (11) transfer funds within the Department. Directs the Secretary to submit an annual report to the Congress concerning the Department's activities. Stipulates that such report include: (1) a statement of goals and priorities; (2) an assessment of progress; (3) an analysis of data concerning changing trends in education and areas of particular educational concern; (4) five-year budget projections; and (5) recommendations made by the Federal Interagency Committee on Education. Requires that public hearings be held as part of the preparation of such report. Directs that the Secretary of Health and Human Services, the Secretary of the Interior, and the Director of the Office of Management and Budget jointly conduct a study of the administration of Federal Indian education programs, and that such study be submitted to the Congress and the President within six months of enactment of this Act. Stipulates that such study contain; (1) an analysis of problems and recommendations for improvements; and (2) recommendations concerning the proper organizational structure for Indian education programs within the Federal Government. Provides that, except where inconsistent with provisions of this Act, the General Education Provisions Act shall apply to functions transferred by this Act. Title V: Transitional, Savings, and Conforming Provisions - Redesignates the Department of Health, Education, and Welfare as the Department of Health and Human Services, and the Secretary of Health, Education, and Welfare as the Secretary of Health and Human Services. Title VI: Effective Date and Interim Appointment - Directs that this Act shall take effect 180 days after the Secretary of Education takes office, or earlier if the President so decides. Authorizes the President to make initial interim appointments to the Department of Education under specified conditions.
United States · United States Congress · 23 January 1979
Directs the Administrator of General Services to grant to the State of Hawaii all interest of the United States in surplus property consisting of 15 1/2 miles of railroad rails, crossties, and associated hardware for use in a railroad museum and park.
United States · United States Congress · 23 January 1979
Victims of Crime Act of 1979 - Establishes a nine-member, part-time Advisory Committee on Victims of Crime to advise the Attorney General with respect to the administration of this Act and the compensation of victims of crime. Directs the Attorney General to make grants to qualified State programs for the compensation of victims of crime. States that such grants shall total: (1) 25 percent of the allowable compensation paid to victims and dependent survivors of victims of State crimes designated by the State as appropriate for compensation under this program; and (2) 100 percent of the allowable compensation paid to victims and survivors of victims of crimes which would constitute designated State crimes except for the fact that the crime is subject to exclusive Federal jurisdiction. Specifies criteria for a State plan to qualify under this Act, including that such plan: (1) offers compensation for personal injuries suffered as a result of certain State and Federal crimes; (2) offers compensation to surviving dependents of any person whose death resulted from being victim to such a crime; (3) grants claimants the right to a hearing; (4) requires cooperation with law enforcement agencies as a condition for recovery; (5) does not have a financial means test; (6) subrogates the State to any claim the victim or dependent has against the perpetrator to the extent of the amount compensated by the State; (7) does not require claimants to seek welfare benefits; (8) denies or reduces any claim where the victim or claimant contributed to the death or injury; (9) may require the criminal by State law or rule to make restitution to the victim; and (10) does not require that any person be apprehended or convicted of the crime giving rise to the claim. Permits States with programs not in compliance with this Act to remain eligible for grants under this Act until the day after the close of the first regular State legislative session that begins after the effective date of this Act. Sets forth specified expenses that may not be included in the State program's cost of paying compensation when determining the amount of the grant for which such program is eligible. Directs the Attorney General to submit annual reports to the House and Senate Judiciary Committees with respect to each qualifying State program, and the activities of the Attorney General in carrying out this Act. Requires the Attorney General to report to Congress on the appropriateness of requiring State laws which prevent criminal wrongdoers from enjoying profits made from publicity surrounding their wrongdoing.
![Official portrait of Sen. Matsunaga, Spark M. [D-HI]](https://www.congress.gov/img/member/m000250_200.jpg)