United States · United States Congress · 4 June 1979
Basic Fuel Assistance Act of 1979 - Directs the Secretary of Health, Education, and Welfare (HEW), in cooperation with the Secretary of Energy, the Director of the Community Services Administration (CSA), and the Secretary of Housing and Urban Development, to establish a Community outreach and information program to assist and encourage the low-income elderly and others eligible for assistance under this Act in obtaining Federal, State, or local energy-related assistance, including energy audits, counseling, educational services, alternate energy technologies, and weatherization. Establishes a program to provide assistance to such persons for meeting primary residential fuel costs. Sets forth criteria for determining the amount of such assistance, and requirements for eligibility. Directs the Secretary of HEW to contract with specified State agencies to administer and distribute such assistance payments, and authorizes reimbursement of 90 percent of the costs of such program administration. Sets forth a system of making payments to fuel suppliers supplying fuel to eligible recipients. Requires suppliers to keep full records and submit them to the Comptroller General as needed for auditing purposes. Prohibits suppliers from refusing to sell fuel to eligible participants solely on the basis of their participation in the basic fuel assistance program. Imposes criminal penalties for violations of this Act. Directs the Director of CSA to establish a crisis intervention program to supplement the basic fuel assistance program with evacuations, emergency shelter, home repair, or payment of bills. Authorizes the appropriation of $40,000,000 for each of fiscal years 1980, 1981, and 1982, for such crisis intervention program.
United States · United States Congress · 22 May 1979
Amends title XIX (Medicaid) of the Social Security Act to provide Medicaid coverage for care and services provided during pregnancy and for 60 days following the termination of pregnancy to any woman whose resources do not exceed specified limitations.
United States · United States Congress · 21 May 1979
Disabled Veterans Rehabilitation Act of 1979 - Title I: Vocational Rehabilitation Amendments - Revises veterans' vocational rehabilitation provisions to declare the purpose of this Act to be to provide all services necessary to enable veterans with service-connected disabilities to attain maximum independence, to become employable, and to obtain and maintain suitable employment. Redefines "vocational rehabilitation" to include the provision of all services required to achieve the purpose of this Act, including discharge, medical, social, psychological, economic, and vocational services (presently defined in terms of educational and vocational training to restore employability). Defines "employment handicap" as a disability impairing a veteran's ability to prepare for, obtain, or retain employment consistent with his or her abilities, aptitudes, and interests. Revises entitlement provisions to: (1) make eligibility run as of September 16, 1940, (rather than World War II as at present); (2) require a handicap to be an employment handicap as defined by this Act; and (3) provide for follow up vocational services to a rehabilitated veteran in order for such veteran to enter new employment more suitable to his or her current capacity or condition. Sets forth the scope of services, including: (1) the evaluation of rehabilitation potential; (2) educational, vocational and personal counseling; (3) a vocational rehabilitation plan; (4) vocational and related services including tutorial services, tuition, books, and other training materials; (5) treatment for mental and emotional disorders; (6) medical care; (7) prosthetic and other corrective devices; (8) placement and postplacement services; (9) services to a veteran's family; (10) special rehabilitation services, including services for the blind and the deaf; (11) subsistence allowances; (12) essential employment equipment and supplies for severely disabled veterans requiring homebound training and or self-employment; (13) transportation costs, including pre- and post-training services; and (14) work study allowance, loans, and other incidental goods and services. Revises duration of services provisions to: (1) provide basic vocational rehabilitation services for 64 months (presently 48 months); (2) remove the nine year (from discharge) eligibility limitation; and (3) provide a 12 month rehabilitation evaluation period. Revises subsistence allowances provisions to: (1) provide for payments during the evaluation of vocational rehabilitation period; (2) provide payments for unpaid on-job training or work experience in a Federal agency or during such evaluation period; (3) pay room and board expenses for individuals pursuing a program on a residential basis in a specialized rehabilitation facility; (4) provide that vocational payments be paid on a full-time basis for two months following a determination of employability; (5) set forth the rate of payment for individuals in unpaid Federal training or work experience; (6) provide payments to an individual pursuing a vocational program while in a Veterans' Administration (VA) or other hospital, or VA domicilliary; and (7) set forth payment guidelines for incarcerated individuals pursuing a vocational program. Authorizes personal adjustment counseling and counseling during the evaluation of rehabilitation feasibility period. Sets forth basic requirements of a vocational rehabilitation program, which shall include: (1) participation by the veteran in formulation of a written plan; and (2) a statement of objectives and goals, services and a time schedule for providing such services, and a projected completion date. Revises leave of absence provisions to remove the 30 day per year limitation on such leave. Revises the regulation of conduct provisions to remove the three-month forfeiture of subsistence allowance penalty for unsatisfactory conduct and to replace the permanent disqualification for further vocational rehabilitation penalty with a provision allowing the Administrator of Veterans' Affairs to reinstate such benefits upon satisfactory conduct. Increases the maximum amount of loan available to a veteran from $200 to $400. Authorizes vocational rehabilitation to veterans hospitalized (not pending final discharge) in VA or non-VA medical facilities. Authorizes vocational training outside the United States (presently prohibited for post-World War II veterans who were not citizens at the time of their United States military service). Directs the Administrator to assist in the development of employment and on-job training opportunities. Directs the VA to: (1) provide employment assistance; (2) provide vocational and rehabilitation staff training and development; and (3) carry out an ongoing program of rehabilitation research and special projects, including grants and contracts with public and nonprofit agencies. Provides that a veteran in need of vocational rehabilitation receiving educational assistance may also receive vocational rehabilitation services as authorized by this Act. Revises provisions concerning the limitation on periods of assistance under two or more Veterans' educational assistance programs to include post-Vietnam era benefits within such limitation, and to provide a 64 month aggregate eligibility period for vocational rehabilitation and such other educational assistance. Title II: Technical Amendments - Effective Date - Reduces from 30 percent to ten percent the disability rating required to entitle a veteran to priority consideration for purposes of service-connected disability or death compensation. Prohibits the payment of vocational rehabilitation benefits (as provided by this Act) to individuals on active duty pursuing an educational program or to individuals pursuing such a program under the Government Employees' Training Act. Stipulates that the provisions of this Act shall become effective as of October 1, 1979, or the first day of the second month following enactment of this Act.
United States · United States Congress · 21 May 1979
Expresses the sense of Congress that the leaders of the United States, Mexico, and Canada should meet to discuss energy issues and establish a common economic bond of energy cooperation.
United States · United States Congress · 17 May 1979
Amends the Internal Revenue Code to deny a tax exclusion of the interest on State and local mortgage revenue bonds. Defines "mortgage revenue bonds" as bonds which are issued to provide funding for mortgages on owner-occupied residences. Permits a tax exclusion for interest earned on bonds which are issued to finance housing for veterans, as general revenue bonds, or for the financing of low- and moderate-income housing.
United States · United States Congress · 15 May 1979
Amends title XX (Grants to States for Services) of the Social Security Act to authorize payments to States for the cost of emergency shelter or services provided to an adult in danger of physical or mental injury, neglect, maltreatment, or exploitation.
United States · United States Congress · 2 May 1979
Amends the Uniform Time Act of 1966 to change the date on which daylight saving time begins from the last Sunday in April to the last Sunday in February.
United States · United States Congress · 23 April 1979
Amends the Internal Revenue Code and Title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to exempt individuals engaged in the harvesting of timber, or in the transportation of timber to market, from employment and Federal unemployment taxes and withholding of tax, if such individuals perform such services under conditions which: (1) require them to furnish the equipment necessary for their work; (2) require no set hours or days for the performance of such service; and (3) provide for remuneration based solely on the extent of such individuals' production. Requires individuals who pay timber harvesters for services performed during the taxable year to furnish the Internal Revenue Service with information respecting the identity of the individuals paid and the amount of remuneration paid. Requires individuals reporting such information to the IRS to furnish to the timber harvesters a written statement showing the name and address of the individual making the informational return and the total amount of payments made to the individual shown on the return. Provides penalties for failure to comply with such reporting requirements.
United States · United States Congress · 4 April 1979
GI Bill Amendments Act of 1979 - Title I: GI Bill Program Adjustments - Amends the Veterans Readjustment Benefits Act of 1966 to require an eligible veteran seeking to extend the delimiting date for educational assistance because of a physical or mental disability (such extension was authorized by the GI Bill Improvement Act of 1977) to apply within one year of: (1) the removal of the disability; (2) the last date of the delimiting period; or (3) the date of enactment, whichever is later. Authorizes a two-year extension of the current ten-year delimiting period for educational assistance to allow eligible Vietnam-era veterans to pursue: (1) approved on-job training; or (2) vocational-technical or high school courses (provided that the veteran has not received a secondary school diploma and participates in counseling required by this Act). Authorizes the Administrator of Veterans' Affairs to disapprove an application for educational benefits under this Act on the basis of the current general enrollment provisions relating to veterans' educational benefits administration. Revises the current test for approval of vocational courses for eligible veterans (which requires a showing that at least 50 percent of the persons completing the course over the preceding two years obtained employment in the course-related area) to: (1) include within such 50 percent persons discontinuing the course; (2) stipulate that the resultant employment must be the major source of income; and (3) exempt from the requirement any institution which has enrolled not more than 35 percent eligible veterans and has met such requirement for two consecutive reporting periods. Eliminates as a condition required for approval of the enrollment of a veteran in a course pursued by television or radio, that the major portion of the course requires conventional classroom or laboratory attendance. Revises the provision which prohibits approval of certain courses for eligible veterans upon a finding that more than 85 percent of the enrollees in the course are receiving assistance from the institution, the Veterans Administration (VA), or any Federal agency, to eliminate as a factor for such finding assistance from any Federal agency. Eliminates the current statutory standard for determining the unsatisfactory progress of a veteran receiving educational assistance. Permits receipt of educational benefits by veterans attending foreign institutions under certain circumstances. Adds as an exception to the current prohibition against "already qualified" veterans enrolling in educational programs, continuing education or training required by Federal, State, or local law to attain relicensure or retain employment in a particular profession or vocation. Sets forth the method of computing the educational assistance allowance of a veteran: (1) pursuing a course in part by open circuit television; and (2) who is incarcerated in a Federal, State, or local prison or jail. Title II: Survivors' and Dependents' Program Adjustments - Applies to the educational assistance program for survivors and dependents certain revisions provided for in title I of this Act with respect to veterans, including: (1) the procedure for extending the delimiting date for assistance because of a physical or mental disability; (2) the applicability of the general enrollment provisions to the survivors' and dependents' program; (3) the test for approval of vocational courses; (4) the requirements with respect to courses pursued by television or radio; (5) receipt of assistance at foreign institutions; (6) the statutory standard for determining unsatisfactory progress; and (7) the methods of computing certain allowances. Allows educational assistance to be paid to an "eligible person," instead of the "parent or guardian" of each eligible person, as currently provided. Stipulates that the educational assistance allowance shall be paid to survivors and dependents as provided with respect to veterans. Title III: Administrative Adjustments - Stipulates that educational assistance shall be paid only for the actual period of pursuit of a subject (instead of the period of enrollment as currently provided). Requires educational institutions to report facts which they know or should know which indicate that the course or institution does not meet any of the requirements of the educational assistance program. Provides that the amount of an overpayment to an eligible person or veteran shall constitute a liability of such individual. Revises the full-time measurement standard with respect to institutional undergraduate courses. Limits the current provision which reduces the number of clock hours of attendance required for payment of benefits for certain courses to courses accredited by nationally recognized accrediting agencies. Includes in the limitations on periods of educational assistance under two or more VA programs the post-Vietnam veterans' educational assistance program. Title IV: Repeal of Authority for Pursuit of Flight and Correspondence Training - Repeals provisions authorizing pursuit of flight training by veterans and pursuit of correspondence training by veterans and spouses. Title V: Repeal of Authority to Pursue Predischarge Education Training (PREP) Under Chapter 32 - Terminates the Predischarge Education Program (PREP), which provides educational assistance to service persons prior to their discharge or release from active duty with the Armed Forces. Title VI: Miscellaneous - Revises the provision specifying the circumstances under which claims for VA benefits are forfeited by a veteran who perpetrates a fraud under VA laws, to subject to the general forfeiture provision veterans who fraudulently obtain educational assistance benefits, even though they reside in the United States (such veterans currently are excepted from such provision). Title VII: Technical Amendments-Effective Date - Makes technical corrections and specifies the effective date of this Act.
United States · United States Congress · 28 March 1979
Eliminates restrictions and conditions on the appointment of female pages in the Senate that require Senators to be responsible for: (1) the safe transportation of the female page between the Senate and the page's place of local abode; and (2) the safety, well- being, and strict supervision of such page while she is in her place of local abode.
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
Amends the Internal Revenue Code to extend the residential energy tax credit to wood- burning equipment. Denies such credit for wood-burning equipment which the Administrator of the Environmental Protection Agency determines to produce emissions which violate applicable air quality standards or for equipment which the Secretary of Agriculture determines would require an excessive consumption of wood so as to endanger forest supplies.
United States · United States Congress · 15 March 1979
Veterans' Disability Compensation and Survivors' Benefits Act of 1979 - Title I: Veterans' Disability Compensation Benefits - Increases the rates of veterans' compensation for: (1) wartime disability compensation; (2) additional compensation for dependents; and (3) clothing allowances paid to certain disabled veterans. Title II: Survivors' Dependency and Indemnity Compensation Benefits - Increases the rates of veterans' dependency and indemnity compensation for: (1) a surviving spouse; (2) surviving children; and (3) supplemental children's benefits. Title III: Effective Date - States that the provisions of this Act shall take effect on October 1, 1979.
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 · 12 March 1979
Amends title II of the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 (Community Mental Health Centers) to direct the Secretary of Health, Education, and Welfare, acting through the National Center for the Prevention and Control of Rape, to provide financial and technical assistance to State and local government agencies and nonprofit organizations for rape prevention and treatment services, including training programs in counseling techniques, direct treatment, community education, transportation costs, self-help programs, telephone systems, emergency shelter programs, and demonstration projects.
United States · United States Congress · 12 March 1979
Senate Election Reform Act of 1979 - Amends the Federal Election Campaign Act of 1971 to add a new Title V: Public Financing of Senate General Election Campaigns . Entitles candidates for the United States Senate meeting certain criteria and agreeing to comply with specified spending limits and reporting requirements to campaign payments on a matching basis. Requires such candidates to certify that: (1) their authorized committees will not make campaign expenditures in excess of certain limitations; (2) no contributions will be accepted by such candidates or their authorized committees in violation of this Act; (3) such candidates are seeking election to the United States Senate and have received contributions for that campaign in excess of a certain sum; and (4) at least two candidates have qualified for election to the same seat. Sets forth formulas for the determination of the amount of money to which a candidate is entitled. Stipulates that sums given by one contributor totalling over $100 shall be disregarded for purposes of matching payments. Sets spending limits for candidates receiving payments under this Act. Waives such limits for candidates whose opponents are not receiving matching payments and have spent sums in excess of the limit imposed for candidates receiving payments. Directs the Secretary of the Treasury to establish a separate Senate General Election Campaign Account in the Presidential Election Campaign Fund and to deposit certain sums in such account in accordance with specified guidelines. Requires repayment of excess payments and unexpended payments. Penalizes the use of funds for other than campaign purposes. Authorizes the Federal Election Commission to institute repayment actions in U.S. district courts. Specifies the administrative authority of the Commission in carrying out this Act.
United States · United States Congress · 8 March 1979
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 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 the Internal Revenue Code to provide that taxpayers who incur expenses for the care of a dependent child who is mentally or physically handicapped shall be eligible for the child care expenses credit whether or not the taxpayer incurred such expenses to enable him to seek gainful employment or such expenses were incurred outside his household. Increases the amount of expenses which may be considered in determining the amount of the credit. Provides that the earned income limitation shall not apply to taxpayers who provide care for handicapped children. Grants tax-exempt status to a trust established for the care of a physically or mentally handicapped child of the taxpayer. Allows an income tax deduction for contributions to a child care trust. Limits the amount of such deduction to the lesser of 15 percent of the taxpayer's compensation includable in gross income for the taxable year, or $1,500. Provides that distributions from such a trust shall not be taken into consideration in determining the eligibility of such child for Federal or State assistance.
United States · United States Congress · 8 March 1979
Farm Entry Assistance Act - Title I: States the findings of Congress, and the purposes of this Act. Title II: Establishment of Farm Entry Assistance Program - Directs the Secretary of Agriculture to establish a program to provide financial assistance to individuals who are seeking to establish and operate full-time family farms. Prescribes the general criteria for State programs. Title III: Application for the Program - Limits qualification for such assistance to applicants who: (1) are seeking to operate a family farm; (2) are entering farming on a full-time basis for the first time during the ten years prior to the date of application; (3) have been denied credit on reasonable terms from a commercial source and the Farmers Home Administration, and could not obtain credit without the program's assistance; (4) demonstrate they are qualified to operate a family farm on a full-time basis; and (5) have net worths of less than $75,000 in 1979 dollars. Title IV: Federal Assistance to Applicants through State Agencies - Directs the Secretary to make available to qualified applicants guarantees of not more than 90 percent of the principal and interest of certain loans, not more than 90 percent of payments due under certain leases or contracts. Subjects to the specified guidelines of this program: (1) loans for the purchase of farmland, for operating purposes, or for both; (2) payments on a land purchase contract with a ten-year repayment period; and (3) payments on leases of not more than ten years. Requires the availability of guarantees for other State programs consistent with specified requirements. Prescribes the general procedures the Secretary is to follow in the event of defaults by any beneficiary on such guaranteed loans, contract obligations, or leases. Title V: Funding - Directs the Secretary to make available not more than $400,000,000 in guarantees for each of the four fiscal years following the first fiscal year commencing at least one year after enactment. Prescribes a general allocation formula for distribution of such guarantees among participating States. Creates a Farm Entry Assistance Fund for the discharge of the obligations of the Secretary under contracts guaranteeing loans or leases under this Act. Title VI: Reports - Requires the Secretary to report annually on the operation of the program to the appropriate committees of Congress.
United States · United States Congress · 5 March 1979
Amends the Act providing for a national dam inspection program to repeal the provision limiting the coverage of such Act to dams of a specified size. Exempts dams located in States with an approved dam safety program from the Secretary of the Army's national inspection program. Authorizes appropriations to carry out such Act through fiscal year 1982. Sets forth the formula for distributing such funds among the States. Directs the Secretary to provide assistance to States maintaining approved dam safety programs. Specifies the standards such program must meet. Directs the Secretary to provide guarantees to insurers in order to enable dam owners, in States with approved dam safety programs, to obtain liability insurance at reasonable rates. Requires the Secretary, with the Secretary of the Treasury, to report to Congress with any recommendations for a more comprehensive dam safety insurance program. Authorizes appropriations for a revolving fund to be used for loans to dam owners making dam repairs or other safety improvements. Authorizes the establishment of a Federal Dam Safety Review Board to be responsible for reviewing dam safety procedures and monitoring State implementation of this Act. Directs the Secretary: (1) to provide training for State dam safety inspectors; and (2) to develop improved dam inspection techniques.
United States · United States Congress · 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 · 26 February 1979
Medicare Home Health Amendments of 1979 - Amends title XVIII (Medicare) of the Social Security Act to remove the 100 visit limitation presently applicable to home health services under such title. Includes occupational therapy as a home health service. Permits a physician's assistant or nurse practitioner, who is supervised by a physician, to establish a plan of care for a home health patient living in a rural area. Eliminates prior hospitalization as a condition for receiving home health services. Requires home health aides to complete a training program developed by the Secretary of Health, Education, and Welfare. Requires each home health agency to submit a bimonthly bill which lists all services provided each individual receiving services from such agency. Directs the Secretary to: (1) designate regional agencies to monitor home health agency costs; (2) establish guidelines to be used in determining the reasonable cost of home health services; (3) monitor the costs of home health services; (4) report to Congress on the frequency of use of home health services by individuals eligible for Medicare benefits; and (5) establish demonstration projects to test the effectiveness of agency or multiagency utilization review committees in ensuring the medical necessity, cost efficiency, and appropriate use of home health services.
United States · United States Congress · 26 February 1979
Directs the Secretary of the Army, through the Chief of Engineers, to survey the potential of and provide technical assistance for rehabilitating former industrial sites and millraces for use in developing hydroelectric facilities, at the request of local officials.
United States · United States Congress · 26 February 1979
Public Buildings Amendments of 1979 - Amends the Public Buildings Act of 1959 to require the General Services Administrator to take certain factors into consideration before acquiring, assigning, or utilizing public buildings. Requires approval by the appropriate congressional committees before constructing, acquiring, leasing, altering, or acquiring by exchange public buildings if the costs exceed $500,000. Requires the Administrator to transmit to Congress a prospectus of the proposed facility. Requires approval by the appropriate congressional committees before the Administrator may: (1) increase expenditures by more than ten percent or (2) decrease the number of gross square feet to be constructed by more than ten percent. Directs the Administrator to submit annual reports to the appropriate congressional committees concerning: (1) long-range plans for the acquisition, modernization, and use of space; and (2) an inventory of real property owned by, and leased to, the United States. Provides for the financing of the acquisition or construction of public buildings through the issuance of public debt obligations. Amends the Federal Property and Administrative Services Act of 1949 to authorize the use of funds deposited in a Treasury account for real property management for payment of such debt obligations. Amends the Public Buildings Act of 1949 to authorize the Administrator to name public buildings not already designated by statute. Prohibits designating any public building after any individual.
United States · United States Congress · 22 February 1979
Architectural Excellence Act of 1979 - Amends the Public Buildings Act of 1959 to require the General Services Administrator to use at least one percent of the estimated cost of a public building, which is estimated to cost in excess of $25,000,000 to finance a competition to determine the design of such building. Directs the Administrator to award a price to the winner of such competition. Requires the Administrator to appoint a panel to determine the most appropriate design.
United States · United States Congress · 22 February 1979
Requires the Administrator of the General Services Administration to provide safe bicycle parking facilities at all buildings under control of the Administrator within one year after the date of enactment of this Act.
United States · United States Congress · 22 February 1979
Directs the Secretary of the Army, through the Chief of Engineers, to undertake a research program and to assist communities in controlling river ice. Authorizes the Secretary to acquire and loan ice control equipment to local governments.
United States · United States Congress · 22 February 1979
Authorizes the Secretary of the Army, through the Chief of Engineers, to provide interest-free loans to public or private groups or individuals for preventing streambank erosion.
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
Community Mental Health Assistance Act of 1979 - Amends title XVIII (Medicare) of the Social Security Act to include among the services provided under such title: (1) outpatient services by community mental health centers for up to 25 visits per year; and (2) partial hospitalization services by a community mental health center for up to 60 visits per year. Stipulates that the 190 days of inpatient psychiatric hospital services to which an individual is entitled under title XVIII during a lifetime shall be reduced by one day for every three partial hospitalization visits to a community mental health center. Sets forth the conditions of and limitations on payments for community mental health center services, including criteria for utilization review plans of community mental health centers and transfer agreements between hospitals and community mental health centers. Amends the Railroad Retirement Act of 1974 to include among the benefits which may be provided under such Act partial hospitalization services and outpatient services furnished by a community mental health center.
United States · United States Congress · 22 February 1979
Authorizes and requests the President to designate the week beginning with the Sunday preceding the fourth Thursday in November of each year as "National Family Week."
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 · 7 February 1979
Robert A. Taft Institute of Government Trust Fund Act - Establishes in the United States Treasury the Robert A. Taft Institute Trust Fund. Authorizes the Commissioner of Education to make grants from such fund to develop the Robert A. Taft Institute of Government, New York, New York. Authorizes the Secretary of the Treasury to invest portions of the Fund not required to meet current withdrawals. Appropriates $15,000,000 to the Fund.
United States · United States Congress · 7 February 1979
Expresses the disapproval of the Senate with respect to the Secretary of Transportation's recommendations designating the basic route system for the National Railroad Passenger Corporation which were submitted to the Congress on January 31, 1979.
United States · United States Congress · 6 February 1979
Catastrophic Health Insurance Act - Title I: Catastrophic Illness Insurance - Establishes a Catastrophic Health Insurance program under the Social Security Act. Sets forth the eligibility criteria for individuals. Entitles every individual who: (1) is a resident of the United States; and (2) is a citizen of, or a lawfully admitted alien in, the United States to catastrophic health insurance benefits provided by this Act in cases where the individual is not covered by an employer plan. Delimits the scope of benefits, including therein hospital and related insurance benefits (hospital, post-hospital and home health services) and medical and other health services. Provides for a general deductible from: (1) the reasonable costs of inpatient hospital services past 60 days; and (2) inpatient hospital benefits of the higher of the following: (A) $2,000 or (B) $2,000 adjusted by the Consumer Price Index to reflect changes in fees for physician services (in $100 increments). Permits payments for specified mental health care services. Requires the Secretary of Health, Education, and Welfare to promulgate regulations prescribing standards designed to assure that services consisting of the furnishing of blood or blood products, or the application of procedures or courses of treatment which are experimental or extraordinarily complex, will be provided only when such services are appropriate to the health care needs of the patient. Creates, in the United States Treasury, a Federal Catastrophic Health Insurance Trust Fund to provide a reserve for payment of benefits authorized by this Act. States that individuals covered under approved employer or self-employed plans shall be entitled to those benefits rather than the benefits provided by the catastrophic health insurance plan. Defines the term "employer plan" as meaning an insurance policy, contract, or other arrangement entered into between an employer and a carrier, in consideration of premiums or other periodic payments, undertaken to pay for the costs of health services received by the employer's employees. Requires that the coverage provided under such plans must include a package of benefits which is the same as that provided by the Federal catastrophic health insurance benefits plan established under this Act. Sets forth additional requirements governing employer health plans. Establishes an Actuarial Committee to prepare and recommend annually to the Secretary a Table of Values of Catastrophic Health Insurance Coverage, which shall establish the actuarial value of one year's catastrophic health insurance coverage for employers, carriers, and others involved in the programs. Creates a tax on self-employment income and an excise tax on employers. Allows a tax credit up to the entire amount of such taxes under the Internal Revenue Code for the actuarial value of catastrophic health insurance coverage for the self-employed and for the employees covered under approved employer plans. Title II: Private Basic Health Insurance Certification Program - Establishes a program, under the Social Security Act, under which any insurer may submit any health insurance policy to the Secretary for examination and certification. Sets forth the standards under which the Secretary shall deny certification of any such insurance policy. Requires the Secretary to offer basic Federal health insurance to individuals residing in States in which no private health insurance program has been certified. Title III: Other Amendments - Authorizes payments for immunizations which the Secretary determines are appropriate under title XVIII (Medicare) of the Social Security Act, but only if provided on a scheduled allowance basis, as determined under regulations promulgated by the Secretary. Increases the amount of reimbursement under Medicare for outpatient mental health care. Reduces the monthly premium for optional coverage under the Medicare hospital insurance programs. Extends coverage of the renal disease program authorized under such Act to specified individuals not previously covered. Expresses the policy of Congress to encourage and expand philanthropic support for health care.
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 · 6 February 1979
Catastrophic Health Insurance and Medical Assistance Reform Act - Title I: Catastrophic Illness Insurance - Establishes a Catastrophic Health Insurance program under the Social Security Act. Sets forth the eligibility criteria for individuals. Entitles every individual who: (1) is a resident of the United States; and (2) is a citizen of, or a lawfully admitted alien in, the United States to catastrophic health insurance benefits provided by this Act in cases where the individual is not covered by an employer plan. Delimits the scope of benefits, including hospital and related insurance benefits (hospital, post-hospital and home health services) and medical and other health services. Provides for a general deductible from: (1) the reasonable costs of inpatient hospital services past 60 days; and (2) inpatient hospital benefits of the higher of the following: (A) $2,000; or (B) $2,000 adjusted by the Consumer Price Index to reflect changes in fees for physician services (in $100 increments). Permits payments for specified mental health care services. Requires the Secretary of Health, Education, and Welfare to promulgate regulations prescribing standards designed to assure that services consisting of the furnishing of blood or blood products, or the application of procedures or courses of treatment which are experimental or extraordinarily complex, will be provided only when such services are appropriate to the health care needs of the patient. Creates, in the United States Treasury, a Federal Catastrophic Health Insurance Trust Fund to provide a reserve for payment of benefits authorized by this Act. States that individuals covered under approved employer or self-employed plans shall be entitled to those benefits rather than the benefits provided by the catastrophic health insurance plan. Defines the term "employer plan" as meaning an insurance policy, contract, or other arrangement entered into between an employer and a carrier, in consideration of premiums or other periodic payments, undertaken to pay for the costs of health services received by the employer's employees. Requires that the coverage provided under such plans must include a package of benefits which is the same as that provided by the Federal catastrophic health insurance benefits plan established under this Act. Sets forth additional requirements governing employer health plans. Establishes an Actuarial Committee to prepare and recommend annually to the Secretary a Table of Values of Catastrophic Health Insurance Coverage, which shall establish the actuarial value of one year's catastrophic health insurance coverage for employers, carriers, and others involved in the programs. Creates a tax on self- employment income and an excise tax on employers. Allows a tax credit up to the entire amount of such taxes for the actuarial value of catastrophic health insurance coverage for the self-employed and for the employees covered under approved employer plans. Title II: Medical Assistance Plan for Low-Income People - Replaces the Medicaid program with a plan of medical assistance for low-income people. Requires assistance for low-income individuals and families, for the costs of necessary hospital, skilled nursing facility, medical, and other health care services. Guarantees free choice by patients of health services from any person, institution, or agency qualified under this act. Permits individuals the option of obtaining other health insurance protection. Describes the medical assistance plan, what individuals are eligible to receive its health benefits, and the application procedure. Enumerates the scope of benefits under the plan, including: (1) 60 days of inpatient hospital services; (2) medical and other health services; (3) skilled nursing facility services; (4) home health services; (5) intermediate care services; (6) mental health services; (7) pre-natal and well-baby care; (8) family planning assistance; (9) early and periodic screening diagnosis, and treatment for eligible children under age 18; and (10) payment for Medicare Supplementary Medical Insurance Benefits for recipients of aid under this title. Prescribes the co-payment requirements and procedures of persons eligible for benefits. Creates the Medical Coverage Trust Fund within the Treasury. Makes provisions for State contributions to the Fund. Prohibits exclusion by employers of specified employees from coverage under group health insurance plans. Title III: Private Basic Health Insurance Certification Program - Establishes a program, under the Social Security Act, under which any insurer may submit any health insurance policy to the Secretary for examination and certification. Sets forth the standards under which the Secretary shall deny certification of any such insurance policy. Requires the Secretary to offer basic Federal health insurance to individuals residing in States in which no private health insurance program has been certified. Title IV: Other Amendments - Authorizes payments for immunizations which the Secretary determines are appropriate under title XVIII (Medicare) of the Social Security Act, but only if provided on a scheduled allowable basis, as determined under regulations promulgated by the Secretary. Increases the amount of reimbursement under Medicare for outpatient mental health care. Reduces the monthly premium for optional coverage under the Medicare hospital insurance programs. Extends coverage of the renal disease program authorized under such Act to specified individuals not previously covered. Expresses the policy of Congress to encourage and expand philanthropic support for health care.
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 · 1 February 1979
Directs the President to inform Congress of any dangers to Taiwan. Declares the policy of the United States to safeguard its interests and meet any dangers to Taiwan.
United States · United States Congress · 31 January 1979
Reform of Federal Regulation Act of 1979 - Title I: The Analysis, Planning and Management of Regulatory Functions - Requires each Federal agency to publish for each proposed major rule, as such rule is defined in this Act, an initial regulatory analysis which describes the need for the rule, at least two available alternative approaches, and a description of the economic and social effects of the proposed rule and alternatives. Requires that each agency publish for each adopted major rule a final regulatory analysis which includes a summary of public comments received on the initial analysis, and a justification of the selection of the final rule. Requires the Director of the Congressional Budget Office (CBO) to review and report to Congress on the agency actions to implement this Title. Directs each agency to: (1) report annually to Congress and the public on its regulatory agenda and priorities for the current fiscal year; and (2) include in the announcement of a rulemaking or adjudication the date by which the agency intends to complete such proceeding. Requires each agency to report annually to the Administrative Conference of the U.S., the Congress, and the public on its regulatory activities of the past fiscal year. Stipulates that such report include: (1) the number of agency proceedings which the agency failed to complete by the established deadline and the reasons for such failure; and (2) any changes the agency made to improve its regulatory actions. Directs each regulatory agency to establish an office to be responsible for regulatory planning and management. Requires any independent regulatory commission to submit any budget information or legislative recommendation to Congress concurrently upon submission to any officer or agency of the executive branch. Title II: Improving the Efficiency of Administrative Proceedings - Establishes a new procedure for administrative rulemaking and adjudication by United States Government agencies. States that such procedure shall apply to: (1) all adjudications; and (2) all rulemaking or licensing proceedings required by statute to be determined on the record after opportunity for an agency hearing except proceedings to withdraw, suspend, revoke, or annul a license. Provides two levels for the conduct of proceedings subject to this Act, a "general hearing process" and a "formal hearing" for the resolution of matters determined during the general hearing to involve general and substantial issues of fact which cannot be resolved at the general hearing and upon which the decision of the agency is likely to depend. Requires, for the general hearing process, the conduct of a hearing to afford parties an opportunity to submit written data, and, at the request of any party, an opportunity for oral argument. Enumerates the powers of the presiding employee at a general hearing. Authorizes such employee to cross-examine witnesses and to request the agency to consider and act on interlocutory appeals when action on such appeals would expedite final agency action. Directs the employee to: (1) oversee the expeditious completion of such hearing; and (2) provide a concise record of the important matters of the proceeding. States that no person who participates in the decision making of any proceeding or in a board or agency review of such decision may: (1) make ex parte communications; or (2) be responsible to or subject to the supervision of an employee or agent performing investigative or litigating functions for the agency. Allows an agency to prohibit an individual from appearing at a proceeding if the individual engages in unethical conduct or deliberate dilatory tactics. Authorizes an agency to subpoena any person or evidence as necessary. Sets forth the judicial procedure and civil penalty for persons who fail to comply with a subpoena. Requires each agency to maintain a public file of significant material concerning the major stages of a proceeding. Authorizes the presiding employee at a formal hearing to: (1) rule on offers of proof and receive relevant evidence; (2) require written testimony and arguments when oral testimony is not required; and (3) upon request, to issue a decision prior to completion of the hearing if there is no substantial dispute of fact. Authorizes each agency to establish employee boards to review the decisions of presiding employees. Directs each agency to specify the conditions under which it will accept an appeal of the decision of such a board, and specifies the conditions which enable an agency to review such a decision. Requires the Office of Personnel Management to test, register, and certify eligible candidates for the position of administrative law judge (hereinafter referred to as "judge"). Authorizes each agency to appoint a judge from the list of certified candidates. Directs the Administrator of the Administrative Conference of the U.S. to: (1) establish a performance appraisal system for evaluating judges at least once every ten years; and (2) establish performance and evaluation review boards to assist in setting up the appraisal system and in evaluating judges. Directs the Administrator to evaluate each judge before the expiration of the judge's ten-year term, and to make a recommendation on the reappointment of the judge. Requires each agency to reappoint a judge if the Administrator so recommends. Directs the Merit Systems Protection Board to remove, downgrade, or suspend a judge whose performance is found to be unacceptable. Provides for the transfer and reassignment of judges by the Administrator. Requires the President to nominate members of independent regulatory commissions by reason of their training and experience, and to appoint the chairman of each commission with the advice and consent of the Senate. Directs each agency to issue rules to implement this title within 150 days. Title III: Agency Review of Rules - Direct each agency to review annually one or more of its rules to determine whether continuation or amendment of the rule is in the public interest. Sets forth guidelines the agency should consider in selecting rules to review. Requires each agency to: (1) publish an agenda and the procedure for reviewing one or more rule every five years; (2) provide an opportunity for public comment on such rule; and (3) report the results of each review to Congress and the public. Requires the Director of the CBO to review the agency reports and oversee implementation of this Title. Title IV: Administrative Conference of the United States - Reorganizes the Administrative Conference. Makes the head of the Conference the Administrator who shall be appointed by the President with the advice and consent of the Senate for a four-year term. Grants the Administrator authority to appoint officers and employees and to prescribe their powers and duties as necessary. Sets forth the functions of the Conference which include: (1) studying and making recommendations on the adequacy of administrative procedures used by agencies to carry out regulatory functions; (2) monitoring agency compliance with such laws as the Freedom of Information Act and the Administrative Procedure Act; (3) compensating persons for the cost of participating in agency proceedings in certain cases; and (4) evaluating the performance of administrative law judges. Directs the Conference to submit an analysis of agency reports on regulatory activities to Congress, and to report to Congress on a study of providing incentives to participants to expedite agency proceedings. Establishes an Advisory Commission within the Conference.
United States · United States Congress · 31 January 1979
Equal Access to Justice Act - Entitles a prevailing party (other than the United States) to be awarded fees and other expenses, including attorney fees, which were incurred by such party in: (1) an administrative adjudication, or (2) in any civil action (other than a tort or tax action) brought by or against the United States, unless the agency conducting such adjudication, or the court having jurisdiction of such action, finds that the position of the agency or the United States was substantially justified or that special circumstances make an award unjust. Authorizes a party dissatisfied with such award in an administrative adjudication to petition for leave to appeal the decision in an appropriate Federal court. Authorizes a court to award reasonable attorney fees to the prevailing party in any civil action brought by or against the United States, where the court may award such fees in such suits involving private parties (thus applying to Government litigation the common law exceptions to the "American rule" regarding attorney fee awards). Directs the Administrative Conference of the United States and the Administrative Office of the United States Courts to report annually on the amount of fees and expenses awarded during the preceding fiscal year in such agency adjudications and civil actions.
United States · United States Congress · 31 January 1979
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 · 31 January 1979
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to direct the Secretary of Health, Education, and Welfare to issue a social security card made of banknote paper to each individual at the time of issuing a social security account number to such individual.
![Official portrait of Sen. Stafford, Robert T. [R-VT]](https://www.congress.gov/img/member/s000776_200.jpg)