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 · 14 May 1979
Arson Prevention and Reconstruction Incentive Act of 1979 - Amends the National Housing Act to require all statewide plans to assure fair access to insurance requirements (FAIR plans) to contain provisions which limit the policy proceeds payable in connection with a loss caused by fire to the market value of the structure destroyed unless the owner certifies, in a policy endorsement, an intention to rebuild. Directs the Federal Insurance Administration, in consultation with the National Association of Insurance Commissioners, to develop a model clause for insurance contracts which provides such limitation for owner-occupied residential and small business property. Requires the Federal Insurance Administrator and the Director of the Federal Emergency Management Agency to develop Federal minimum standards for arson investigation and prosecution, and for information disclosure by insurance applicants. States that such standards shall be applied in any State which does not adopt substantially equivalent standards within two years.
United States · United States Congress · 9 May 1979
Congratulates the men and women of the Apollo program upon the tenth anniversary of the first manned landing on the Moon and requests the President to designate the period of July 16 through July 24, 1979, as "United States Space Observance" in honor of such event.
United States · United States Congress · 7 May 1979
Artists Tax Equity Act of 1979 - Amends the Internal Revenue Code to allow an estate tax credit equal to the fair market value of literary, musical, or artistic properties transferred, without restriction, by the estate of the decedent whose personal efforts created them, to Federal museums and art galleries for public exhibition. Requires the recipient of such properties to sign a written statement that such properties have significant artistic value and that they will be placed on public exhibition. Allows a nonrefundable income tax credit equal to 30 percent of the fair market value of a literary, musical, or artistic composition created by the personal efforts of the taxpayer and contributed by such taxpayer to a tax-exempt charitable or educational organization. Limits the amount of such credit to the greater of $2,500 or 50 percent of the taxpayer's income tax liability for the taxable year. Limits the dollar amount of contributions to $35,000. Requires certification that such compositions possess significant artistic value. Disallows the credit for the contribution of a letter, memorandum, or similar property which was written by or for the taxpayer while such taxpayer held public office. Extends from five to ten years the period in which an artist must show that he has engaged in the production of artistic works for a profit in two years during such period in order to claim income tax deductions for losses related to the production of such works. Restores capital gains treatment of the gain realized from the sale of inherited artwork.
United States · United States Congress · 3 May 1979
Multiemployer Pension Plan Amendments of 1979 - Sets forth the findings and policy of this Act, including: (1) the protection of participants in financially distressed multiemployer pension plans; and (2) the encouragement of the growth and maintenance of such plans. Title I: Amendments to Title IV of the Employee Retirement Income Security Act of 1974 - Amends title IV of the Employee Retirement Income Security Act (ERISA) to direct the Pension Benefit Guaranty Corporation (PBGC) to guarantee nonforfeitable pension benefits (other than those becoming nonforfeitable solely on account of a plan termination) under the terms of an insolvent multiemployer plan, if such benefits have been in effect for five years: (1) before the plan's termination; or (2) before a plan year with respect to which the benefits were reduced under the multiemployer plan reorganization provisions of this Act. Specifies rules relating to such time periods. Sets forth a formula for determining the basic benefit guarantee level, and directs the PBGC to report to Congress within five years of enactment (and at least every subsequent fifth year) on the premiums needed to maintain such levels. Requires any such report which indicates the need for a premium increase to include a revised schedule of benefit guarantees which would be necessary without such increase. Stipulates that such revised schedule shall become effective if the proposed increase is not approved by Congress within a specified period. Provides that the proposed increase shall become effective as approved by Congress by a concurrent resolution. Directs the PBGC to propose regulations to establish a supplemental program to guarantee nonbasic benefits under multiemployer plans. Applies the existing aggregate limit on benefits guaranteed under single-employer plans to the basic benefits guaranteed under multiemployer plans. Provides that a multiemployer plan terminates as a result of: (1) the adoption of a plan amendment that (A) ends crediting of additional service to participants, or (B) causes the plan to become an individual account plan; or (2) the withdrawal of every employer from the plan. Specifies rules relating to the date of termination. Limits, in general, the payment of benefits of a terminated multiemployer plan to vested benefits as of the termination date. Requires benefits attributable to employer contributions, other than death benefits, to be paid as an annuity, unless the plan distributes its assets in satisfaction of all vested benefits, but authorizes the plan administrator to distribute the present value of a participant's entire nonforfeitable benefit attributable to such contributions up to $1,750. Allows the PBGC to: (1) authorize the payment of non-vested benefits, or lump-sum amounts greater than $1,750, under certain circumstances; and (2) prescribe reporting requirements, rules, and standards with respect to terminated plans. Makes an employer who withdraws from a multiemployer plan liable to the plan according to a specified formula. States that such withdrawal occurs when the employer permanently ceases: (1) to have an obligation to contribute (e.g. under a collective bargaining agreement); or (2) all covered options under the plan. States circumstances under which a withdrawal does not occur, and authorizes the PBGC to determine circumstances under which an employer has withdrawal liability when there is a substantial reduction in such employer's contributions. Sets forth a special withdrawal provision with respect to an employer required to contribute under a plan only for work performed in the building and construction industry, including that a withdrawal occurs if the employer continues to perform the type of work in the area covered by the plan for which contributions were previously required. Makes the amount of a withdrawing employer's liability a share of the plan's total unfunded vested obligations (as of the end of the preceding plan year), but authorizes the PBGC to establish a procedure by which a plan may adopt an alternative method of determining an employer's liability. Excepts from such liability certain minimal amounts; determined by a specified formula. Requires the amount of liability to be: (1) reduced by the amount of any unfunded vested liabilities which are transferred to another plan in connection with the withdrawal; and (2) determined by regulations of the PBGC where the withdrawal follows a merger of multiemployer plans (but not within the first plan year after such merger). Requires an employer to pay its withdrawal liability in quarterly installments of an annual amount, including accrued interest on the outstanding principle. Authorizes a plan administrator to accelerate payment in the event of a default, as defined by this Act. Allows a plan to adopt rules consistent with this Act for other terms for satisfaction of such liability. Makes the plan administrator responsible for identifying withdrawing employers and determining the amount of withdrawal liability, but gives any such employer the opportunity to identify inaccuracies and furnish additional information. Authorizes the PBGC to require a plan administrator to provide notice of withdrawals resulting in a significant reduction in the amount of aggregate contributions. Requires plan amendments authorized by the withdrawal provisions of this Act and which are adopted more than 18 months after enactment to be approved by the PBGC. Directs a plan administrator of a multiemployer plan to notify the PBGC of a proposed merger with or transfer to another plan. Specifies rules with respect to these activities. Makes a multiemployer plan which transfers assets or liabilities to a single-employer plan liable to the PBGC if the single-employer plan terminates within five years of the transfer, except where the PBGC has approved the transfer. Requires a transfer of assets from a multiemployer plan to another plan to comply with asset-transfer rules adopted by the multiemployer plan which are prudent, reasonable, and fair. Specifies a funding test ("reorganization index") to identify multiemployer plans which are financially distressed ("in reorganization"). Prohibits the present value of a participant's nonforfeitable benefit attributable to employer contributions (other than a death benefit) if such value exceeds $1,750 from being distributed, without PBGC approval. Requires the plan administrator of a multiemployer plan to notify plan participants, contributing employers, and labor organizations representing participants that the plan is in reorganization and accrued benefits may be reduced, or an excise tax imposed on employers, if contributions are not increased. Establishes a minimum contribution requirement (MCR) which each multiemployer plan must satisfy for each plan year that it is in reorganization. Stipulates that a plan satisfies the MCR if it does not have a reorganization deficiency, as defined by this Act, for the plan year. Entitles a plan in reorganization which is "overburdened" (basically, that the "pay status participants," such as retirees, exceed the number of contributing participants) to apply an overburden credit against such plan's reorganization deficiency. Allows a plan in reorganization to be amended, under specified procedures, to reduce or eliminate accrued benefits attributable to employer contributions which are not guaranteeable by the PBGC. Defines as "insolvent" a multiemployer plan which: (1) is in reorganization; (2) has been amended to reduce accrued benefits to the guaranteeable (basic) level; and (3) has insufficient available resources to pay benefits under the plan when due for the plan year. Requires plan sponsors to determine and certify a "resource benefit level" (a reduced level of benefits based on available resources, but not below the guaranteeable level). Provides that nonbasic benefit payments above such level shall be suspended, unless the PBGC prescribes an alternative procedure with respect to a supplemental guarantee program. Requires a plan sponsor who determines at the end of an insolvency year that the plan's available resources could have supported payments above the resource benefit level to distribute such excess resources. Provides for the distribution of benefits which have not been paid at the resource benefit level. Directs the PBGC, upon verification that a plan is or will be insolvent, to provide sufficient financial assistance for the payment of basic benefits under such plans. Requires the plans to repay the PBGC on reasonable terms consistent with regulations. Requires repayment within 180 days with respect to plans for which the resource benefit level for the following plan year exceeds the basic benefit level. Specifies benefit requirements with respect to a plan which terminates because of the withdrawal of all employers. Requires benefit reductions in a plan from which all employers have withdrawn to conform to the requirements for benefit reductions for a plan in reorganization. Applies to a plan from which all employers have withdrawn and is insolvent the suspension and assistance provisions with respect to a plan in reorganization. Gives to a plan fiduciary, employer, plan participant or beneficiary (or employee organization representing such participant or beneficiary) who is adversely affected by the act of any party under this subtitle a cause of action in a district court (except against the Secretary of the Treasury) without regard to the amount in controversy. Makes the Federal court jurisdiction exclusive, but authorizes a plan fiduciary to bring an action in State court to collect withdrawal liability. Authorizes double damages in such an action. Establishes a civil penalty of up to $100 per day for failure to comply with a notice requirement under this subtitle. Directs the PBGC to prescribe four separate schedules of insurance premium rates and bases, including basic benefits for single-employer and multiemployer plans and nonbasic benefits for such plans. Sets forth a graduated increase in the basic benefits for multiemployer plans (but retains the current annual premium for single- employer plans). Authorizes the PBGC to require a plan administrator of a multiemployer plan to include in the plan's annual report information which is necessary to enforce this subtitle. Repeals a provision of ERISA relating to contingent employer liability insurance. Title II: Amendments to Title II of the Employee Retirement Income Security Act of 1974 - Amends title II of ERISA and the Internal Revenue Code to revise the amortization periods for charging past service liabilities and experience gains and losses to the funding standard account of multiemployer plans. Stipulates that, for a plan in reorganization, the accumulated funding deficiency used to determine the excise tax sanction for a violation of the minimum funding standard equals the reorganization deficiency. Permits an employer to deduct withdrawal liability payments under title IV of ERISA, without regard to the amortization requirements generally applicable to the deductability of plan contributions. Revises the minimum vesting requirements with respect to multiemployer plans. Title III: Amendments to Title I of the Employee Retirement Income Security Act of 1974 - Amends title I of ERISA to redefine a multiemployer plan to eliminate that provision of the current definition relating to the proportion of the aggregate contributions which are made by any employer. Stipulates that a terminated multiemployer plan to which title IV of ERISA applies is required to meet the minimum funding standards of such Act as long as any employer remains in the plan. Title IV: Related Technical, Conforming and Clerical Amendments - Amends ERISA to make technical amendments. Requires a plan fiduciary to discharge his or her duties in accordance with standards under such Act and in accordance with the documents and instruments governing the plan. Directs the appropriate district court to appoint a trustee upon the petition of the PBGC for a multiemployer plan in reorganization, unless the appointment would be adverse to the participants' interests. Limits the provision relating to the allocation of plan assets to single employer plans. Requires the Secretary of the Treasury to consult with the PBGC before publishing any proposed or final regulations authorized by the new provisions relating to multiemployer plans in reorganization.
United States · United States Congress · 3 May 1979
Drug Regulation Reform Act of 1979 - Title I: Amendments to Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act to expand the definition of "person" subject to the coverage of the Act to include an agency of government. Establishes civil penalties for any violation of such Act and criminal penalties for negligent commission of prohibited acts. Requires any new drug to meet standards of identity, stability, and bioavailability, as well as of strength, quality, and purity. Requires drug manufacturers and distributors to prepare information labeling for patients containing: (1) a summary of the benefits and risks of use of a drug; (2) adequate directions for use; and (3) information about proper storage and handling. Requires pharmacies to keep a book available to patients containing the labeling information for the 100 most frequently sold prescription drugs. Authorizes the Secretary of Health, Education,and Welfare to require retail drug sellers to post the retail prices of designated prescription drugs. Requires manufacturers and distributors to prepare information labeling for practitioners regarding indications, contraindications, and other pertinent matters. Directs the Secretary to afford private organizations the opportunity to prepare, publish, and distribute an index of all prescription drugs and revisions thereof; and if, at the end of three years following enactment, no private index is forthcoming, to prepare one with drugs arranged by diagnostic and therapeutic categories and listed by established name. Permits the Secretary, by order, to require adequate notification to patients, practitioners, and all other necessary persons regarding any substantial risk of illness or injury posed by a drug, if such notification is an effective means to eliminate or reduce such risk. Authorizes the Secretary to disseminate information regarding the safety, effectiveness, and proper use of drugs, and to determine therapeutically equivalent or nonequivalent prescription drugs. Specifies requirements for any promotion labeling issued by or on behalf of a drug manufacturer or any other person under whose proprietary name the drug is distributed. Prohibits the provision of any services or transfer of any property worth more than $5.00 by a manufacturer or distributor with the intent to influence any specified person to buy, prescribe, or dispense one or more particular drugs. Prohibits the distribution of free samples by a manufacturer or distributor, except in specified circumstances. Prohibits any pharmacist or agent from disclosing any prescription information to any person except the patient, the practitioner, another pharmacist for purposes of filling or refilling it, or a State or Federal officer or employee under certain circumstances. Prohibits manufacturers and distributors from obtaining or attempting to obtain prescription information. Changes the ground for immediate suspension of approval of a drug application from "imminent hazard to the public health" to "unreasonable risk of illness or injury to any segment of the population." Requires clinical investigators to obtain voluntary informed consent, in writing, of all human beings, or their representatives, to whom a drug is administered in order to investigate the benefits and risks of such drug. Directs the Secretary to issue written, non-mandatory guidelines regarding protocols and methods for conducting drug investigations. Specifies factors of the health benefits versus risks analysis required for the determination of the safety of a drug. Requires the Secretary to approve the application for a drug proven safe but not proven effective if it is to be prescribed to treat a life-threatening or severely debilitating condition, there is no other effective method of treatment, and there is significant, if not substantial, scientific evidence that such drug is effective. Eliminates existing specified requirements for the certification of drugs containing insulin and antibiotic drugs. Allows the Secretary discretion to impose specified additional requirements as a condition for approval of any drug application. Authorizes the appointment of advisory committees to assist in making the determinations authorized by such Act. Authorizes the Secretary to subpoena witnesses and records in any matter relating to implementation or enforcement of such Act. Allows the manufacture for export, or export of, a drug without an export permit if it is manufactured, packaged, labeled, and distributed in compliance with specified requirements. Title II: National Center for Drug Science - Amends the Public Health Service Act to establish in the Department of Health, Education, and Welfare the National Center for Drug Science, with a Division of Policy and Research and a Division of Clinical Pharmacology and Clinical Pharmacy Training. Directs the Center to conduct an ongoing program of drug science policy research, either directly or by grant or contract, and an ongoing review and analysis of drug use in the United States which shall result in an annual Drug Experience Assessment Report. Directs the Director of the Center to make grants to schools of medicine, osteopathy, dentistry, pharmacy, podiatry, nursing and training centers for allied health professions for the expansion of existing programs and the establishment of new programs. Authorizes appropriations for demonstration projects, traineeships, and fellowships. Establishes a National Advisory Board on Drug Science to assist the Director and to review and comment on the activities of the Center. Title III: Establishment of the Food and Drug Administration - Establishes within the Department of Health, Education, and Welfare the Food and Drug Administration. Transfers to the Administration specified functions under specified Acts.
United States · United States Congress · 3 May 1979
Amends the Interstate Land Sales Full Disclosure Act to outline specified exemptions from the provisions of such Act including provisions requiring registration and disclosure of the sale or lease of lots in certain subdivisions. Makes it unlawful for any developer or agent to deceive or in any way defraud a purchaser or lessee of a lot. Sets forth requirements relating to the sale or lease of lots including, but not limited to, the provision that contracts or agreements shall clearly provide the purchaser or lessee with the right to revoke the contract or agreement if a property report is required and has not been provided in advance. Permits the Secretary of Housing and Urban Development to certify as equivalent to the Federal law any State land sale disclosure law which is substantially equivalent to the Interstate Land Sales Full Disclosure Act. Authorizes the Secretary to issue a cease and desist order to any agent or developer believed to be engaging in any unlawful act or practice. Provides for civil relief by a purchaser or lessee for any such unlawful act. Prescribes civil penalties for violations of this Act and increases the amount of criminal penalties which may be assessed. Allows any State attorney general to bring a civil action as parens patriae on behalf of individuals residing in such State to secure monetary or injunctive relief, in any appropriate United States district court. Requires the Secretary to submit to the Congress biennially a report on the administration of this Act and its impact upon the land development industry and purchasers and lessees of undeveloped land.
United States · United States Congress · 2 May 1979
Amends the Employee Retirement Income Security Act of 1974 to extend to May 1, 1980, the period during which the Pension Benefit Guaranty Corporation may pay benefits under terminated multiemployer plans under circumstances provided for in such Act.
United States · United States Congress · 26 April 1979
Defense Economic Adjustment Act - Title I: Defense Economic Adjustment Council - Establishes within the Executive Office of the President the Defense Economic Adjustment Council. Establishes an Office of Economic Adjustment to provide necessary staff support for the Council. Sets forth the duties of the Council which include: (1) disseminating information to Federal, State, and local agencies and authorities concerning changes in defense spending affecting employment in defense industries; (2) oversight of programs providing assistance to areas adversely affected by such changes; (3) reviewing local alternative use plans; and (4) preparing and distributing a Conversion Guidelines Handbook. Title II: Alternative Use Committees - Requires the establishment, at every defense facility employing at least 100 persons, of Alternative Use Committees representing management and labor to undertake economic conversion planning and preparation for the employment of the personnel and utilization of the facilities in the event of a reduction or elimination of any defense facility or the curtailment, conclusion, or disapproval of any defense contract. Stipulates that defense contractors which fail to submit an alternative use plan to the Council or which refuse or fail to carry out the provisions of a plan approved by the Council shall lose eligibility for future contracts for a period of three years as well as losing contract termination payments and eligibility for tax credits. Requires Alternative Use Committees to periodically review plans for the conversion of the facility to civilian-oriented production and to send periodic reports to the Council regarding the progress of such plans. Directs the committees to provide occupational retraining and reemployment counseling services for employees who are displaced by the implementation of a conversion plan or the closing of a defense facility. Specifies provisions which are to be included in each alternative use plan. Title III: Economic Adjustment Fund - Establishes within the U.S. Treasury a Workers Economic Adjustment Reserve Trust Fund. Requires defense contracts to contain a provision under which the defense contractor is to pay into such fund an amount equal to one and one quarter percent per year of the value of the contractor's gross revenues on sales under such contract. Directs the Secretary of the Treasury to deposit ten percent of the projected savings from defense cutbacks into the fund. Authorizes appropriations in such amounts as may be necessary to such fund to enable the Secretary to make payments and disbursements authorized by this Act. Title IV: Economic Adjustment Assistance for Workers - Entitles workers who are displaced because of defense cutbacks to specified benefits for a two-year period, including: (1) compensation sufficient to maintain the employee's income at a level equal to 90 percent of the first $20,000 per year and 50 percent of the next $5,000 in excess of $20,000 of that worker's regular annual wage; (2) vested pension credit under any applicable pension plan; (3) maintenance of any medical, disability, or life insurance coverage which such an individual had by reason of employment by the defense contractor; and (4) retraining, job search, and relocation expenses. Stipulates that in order to be eligible for benefits under this Act a displaced worker must agree to maintain an active registration with the Secretary of Labor or an appropriate State employment agency and to accept any employment determined by the Secretary or the agency to be of the same skill or work of a similar nature at the same pay as such worker was receiving before being displaced. Stipulates that adjustment benefits under this Act shall not be taken into account in determining an individual's eligibility for unemployment compensation. Stipulates that adjustment benefits shall terminate when a displaced worker obtains employment providing 90 percent of the first $20,000 per year and 50 percent of the next $5,000 in excess of $20,000 of the worker's previous wage or two years after displacement, whichever occurs sooner. Title V: Community Economic Adjustment Planning - Entitles communities which are substantially and seriously affected by the reduction or elimination of military facilities or curtailment or conclusion of defense contracts to Federal assistance for economic adjustment to avoid substantial dislocations and for economic adjustment assistance should such dislocation occur. Directs the Council to develop guidelines by which the criteria for eligibility for planning assistance are to be applied. Authorizes the sale of excess defense capital property or facilities where such a facility is reduced or closed to the affected community at a public benefit discount. Title VI: Industrial Economic Adjustment - Authorizes the Secretary of the Treasury to make or guarantee low-interest, long-term loans to assist contractors in carrying out an approved alternative use plan to convert a plant or facility to civilian purposes. Prohibits making any such loan or loan guarantee if financing for such plan is available from any other source. Title VII: Use of Certain Research Fund - Authorizes the use of Department of Defense research and development funds for work which has a potential relationship to an urgent national requirement in a designated non-defense sector of the economy. Directs the Defense Economic Adjustment Council to define urgent national requirements for non-defense sectors of the economy. Title VIII: Authorization of Appropriations - Authorizes appropriations in such amounts as may be necessary to carry out the provisions of this Act.
United States · United States Congress · 23 April 1979
Health Science Promotion Act of 1979 - Title I: President's Council on the Health Sciences - Amends title IV of the Public Health Service Act (National Research Institutes) to replace the National Advisory Health Council with a new 15-member President's Council for the Health Sciences. Directs the Council, after consideration of specified criteria, to prepare a National Health Sciences Plan to be simultaneously transmitted to the President, the Secretary of Health and Human Services and Congress, by November 30 of each year. Requires such Plan to set forth a recommended budget for health sciences research with the Department of HEW for the coming fiscal year, and priorities for research expenditure for the subsequent four years. Terminates the Council on December 31, 1985. Title II: National Institutes of Health - Establishes in the Public Health Service the National Institutes of Health (which was abolished as a statutory entity by Reorganization Plan No. 3 of 1966). Sets forth the goals of the Institutes, and authorizes the Director of the Institutes to perform specified functions to achieve such goals. Requires the Director to: (1) assure that not less than 45 percent of all funds expended by the Institutes in any given year shall be used to support research by individual investigators who are not full-time employees of the Institutes and whose applications for such grants were unsolicited; and (2) establish a program of demonstrations and experimentations with alternative methods for conducting peer review of research grant applications. Requires selected peer review groups to include individuals experienced in non-biomedical sciences and lay persons. Makes uniform the statutory authority for the 11 categorical Institutes of the National Institutes of Health (National Cancer Institute, National Heart, Lung, and Blood Institute, National Institute of Dental Research, National Institute on Arthritis, Metabolism, and Digestive Diseases, National Institute of Child Health and Human Development, National Institute of General Medical Sciences, National Eye Institute, National Institute on Aging, National Institute of Allergy and Infectious Diseases, National Institute of Environmental Health Sciences, and National Institute of Neurological Diseases and Stroke). Establishes under each of the categorical Institutes (except the National Cancer Institute and the National Heart, Lung, and Blood Institute) the following Advisory Councils: National Dental Research Advisory Council, National Arthritis, Metabolism, and Digestive Diseases Advisory Council, National Child Health and Human Development Advisory Council, National General Medical Sciences Advisory Council, National Eye Advisory Council, National Aging Advisory Council, National Allergy and Infectious Diseases Advisory Council, National Environmental Health Sciences Advisory Council, and National Neurological, Communicative Disorders, and Stroke Advisory Council. Includes within the uniform authority for such categorical Institute the following select provisions: (1) each Advisory Council shall (A) review research projects and programs submitted under its jurisdiction, (B) collect information in its field, and (C) certify to the Secretary approval of projects and applications for grants-in-aid; (2) each Council shall include 18 members appointed by the Secretary for four-year terms; (3) the Director of the Institutes, in consultation with each Advisory Council, shall prepare a report for the Secretary, the President, and Congress with respect to the activities of the Institutes relating to the objectives of each categorical Institute; and (4) the categorical Institutes and Advisory Councils shall expire on September 30, 1983. Extends the authorizations through fiscal year 1983 for: (1) activities of the National Cancer Institute and the National Heart, Lung, and Blood Institute; (2) diabetes research and training centers and the National Diabetes Advisory Board; and (3) arthritis demonstration projects and data system, multipurpose arthritis centers, and the National Arthritis Advisory Board. Title III: Paperwork - Requires the Director of the National Institutes of Health to conduct experimental programs to reduce paperwork associated with the application for, and administration of, research grants.
United States · United States Congress · 10 April 1979
Self-Reliant Development and International Food Assistance Reform Act of 1979 - Amends the Agricultural Trade Development and Assistance Act of 1954 to require the use of agricultural commodities under this Act for humanitarian and developmental objectives. Authorizes the export of commodities to meet developmental purposes even if it results in inadequate domestic supplies. Permits the dollar sales value of the commodities to be applied by the recipient country against their repayment obligation under the Food for Development Program and credit obligation to the Commodity Credit Corporation. Directs the President: (1) to give special consideration to increasing demand for food by expanding markets for local foodstuffs, as well as U.S. commodities; and (2) to take precautions that credit sales and commodity distributions do not interfere with local food production or marketing. Provides for the use of indigenous institutions and workers to assure that food commodities are used effectively and where most needed. Requires countries selling U.S. agricultural commodities for developmental purposes to agree to use the money generated from such sales to alleviate the causes of the need for such assistance, as well as increasing the effectiveness of food distribution and availability of food commodities. Amends the Foreign Assistance Act of 1961 to declare that assistance under such Act and the Agriculture and Trade Assistance Act of 1954 emphasize programs to assist developing countries to increase their national food security.
United States · United States Congress · 29 March 1979
Unemployment Insurance System Revitalization Act of 1979 - Title I: Unemployment Compensation Cost Equalization Program - Unemployment Compensation Cost Equalization Act of 1979 - Entitles, under the Social Security Act, any State, whose rates of insured unemployment is at least six percent to partial reimbursement on an ascending sliding scale of unemployment compensation costs incurred above a certain amount. Title II: Federal-State Extended Unemployment Compensation Act of 1979 - Federal-State Extended Unemployment Compensation Act of 1979 - Replaces the Federal-State Extended Unemployment Compensation Act of 1970 with an extended unemployment benefit program which includes both regular extended benefits of up to 13 weeks and supplemental extended benefits of up to 13 additional weeks. Directs that benefits be made available when unemployment exceeds specified trigger levels which are similar to those used under present law. Revises the method for determining unemployment rates for the purpose of such triggers. Provides for 50 percent Federal funding of regular extended benefits and for full Federal funding of supplemental benefits. Title III: Financing Amendments for Unemployment Compensation Programs - Authorizes the Secretary of Labor to extend the payback period of a State having an outstanding balance of loans and to permit a State to pay as little as 20 percent of the outstanding balance in a year upon determining that the State is taking sufficient steps to restore the fiscal soundness of its trust fund. Waives any repayment requirement for States in which the insured unemployment rate exceeds a specified level. Restricts the penalty tax in a State which defaults to only insured employers and provides that the rate of such tax shall remain constant even if the outstanding balance owed is not entirely repaid.
United States · United States Congress · 29 March 1979
Amends the GI Bill Improvement Act of 1977 to: (1) eliminate the requirement that States have a program of matching the Federal amounts of veterans' accelerated educational assistance payments in order for a veteran to receive such accelerated payments; (2) revise application filing deadlines for such accelerated payments; and (3) increase from 33 1/3 percent to 66 2/3 percent the maximum rate at which such accelerated payments may be reimbursed by the Federal Government.
United States · United States Congress · 27 March 1979
Agricultural Land Protection Act - Title I: Federal Agency Compliance - Requires the interpretation and administration of the policies, regulations, and public laws of the United States in accordance with a recognition of the rights and responsibilities of private landholders in making land use decisions, and the rights and responsibilities of State and local governments in developing public policies regarding non-Federal land use. Directs Federal agencies to consider the retention of agricultural land for agricultural purposes when they make decisions which impact directly or indirectly on private, and State and local government public land, as well as on Federal land. Requires all such Federal agencies to review their administrative procedures, especially those regarding land acquisition and management, in order to bring them into conformity with the policies and purposes of this title. Title II: Farmland Review Study - Directs the Secretary of Agriculture to study: (1) agricultural land in the United States; (2) the effects of industrial development, climate, and other factors on the productivity of such land; (3) the acquisition of such land by persons not engaged in agricultural activities; and (4) methods of protecting and improving such land, and of reducing the amount being converted to nonagricultural uses. Requires a final report of findings, conclusions, and recommendations to the President and to Congress within 42 months after the effective date of this Act. Title III: Research Program - Directs the Secretary of Agriculture, during a three-year period, to provide financial and technical assistance to States and local governments for the development, demonstration, and testing of methods of reducing the quantity of agricultural land (including such land in and around urban areas) being converted from agricultural uses to nonagricultural uses. Limits such financial assistance to not more than 25 percent of the cost of preparing, establishing, demonstrating, conducting, and testing three such reduction projects. Title IV: Technical Assistance Program - Directs the Secretary, through the Soil Conservation Service, to provide State and local governments with: (1) technical assistance concerning methods of protecting agricultural land and reducing its conversion to nonagricultural uses; and (2) financial assistance (not to exceed 25 percent of costs) to enable such governments to develop plans to implement such methods. Title V: General Provisions - Authorizes specified appropriations for fiscal years 1980 through 1983.
United States · United States Congress · 27 March 1979
Private Employer and Higher Education Incentive Act of 1979 - Amends the Higher Education Act of 1965 to permit institutions of higher education to use up to 20 percent of the funds provided to them for college work study programs under such Act for part-time work study jobs with private employers. Requires an institution of higher education wishing to participate in such private employer program to enter into a supplemental agreement with the Commissioner of Education which: (1) specifies the program's rationale; (2) sets forth the program's objectives and standards, and a plan for their implementation; (3) designates an official of such eligible institution to administer the program; and (4) as assures in writing that such part-time jobs will not (A) supplant existing jobs or fulfill an employer's current or planned vacancies, (B) fail to take into account any existing collective bargaining agreements, (C) pay less than minimum wage, and (D) require private employers to contribute at least 50 percent of the cost of each such job.
United States · United States Congress · 22 March 1979
Naturalization Processing Compensation Act of 1979 - Amends the Immigration and Nationality Act to increase from $6,000 to $40,000 the amount courts having naturalization jurisdiction may retain from such proceedings in any fiscal year.
United States · United States Congress · 22 March 1979
Homeownership Opportunity Act of 1979 - Amends the National Housing Act to permit the Secretary of Housing and Urban Development to insure a graduated payment mortgage with a principal amount of up to 100 percent of the appraised value of the property involved.
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
Urges (1) the International Whaling Commission to adopt a moratorium on the commercial killing of whales and (2) various countries to voluntarily comply with such moratorium.
United States · United States Congress · 14 March 1979
Expresses the gratitude of the Senate upon the retirement of the Honorable Clarence M. Mitchell, Junior, as chief legislative spokesman for the National Association for the Advancement of Colored People, and for his contributions to the establishment of justice and equality in America.
United States · United States Congress · 13 March 1979
Refugee Act of 1979 - Title I: Purpose - Declares the purpose of this Act to be to provide a permanent and systematic procedure for the admission to this country of refugees of special concern to the United States, and to provide comprehensive and uniform provisions for temporary and transitional assistance to those refugees who are admitted. Title II: Admission of Refugees - Amends the Immigration and Nationality Act to define "refugee" as any person who is outside his country of nationality (or in the case of a person having no nationality, is outside any country in which he last habitually resided), and who is unable or unwilling to return to such country because of persecution or a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Provides for up to 50,000 annual refugee admissions, with allocations to groups of refugees as determined by the President to be of special concern to the United States. Directs the President to report annually to the Judiciary Committees of the House and Senate regarding the forseeable numbers of refugees in need of resettlement during the coming fiscal year, and the anticipated allocation of such refugee admissions. Authorizes the President to exceed such 50,000 admissions level if the President, at the beginning of a fiscal year and after consultation with such Committees, determines it to be in the national interest or for humanitarian purposes. Provides that allocation for such additional refugees shall be made in the same manner as for the first 50,000. Authorizes the Attorney General to admit such refugees as permanent residents without first being admitted conditionally. Exempts such admissions from meeting certain other immigrant requirements (labor certification, public charge, immigrant visa, literacy, and foreign physicians). Provides that up to 5,000 of such 50,000 refugee admission entries may be used to adjust the status of alien refugees present in the United States to permanent resident status provided such person: (1) applies for the adjustment; (2) has been physically present in the United States for at least two years prior to such application; and (3) is a refugee not firmly resettled in any other foreign country. Exempts such persons from meeting other immigrant requirements (labor certification, public charge, immigrant visa, literacy, and foreign physicians). Permits spouses and children of refugees so adjusted to also have their status adjusted to that of permanent resident without the two year U.S. residency requirement. Permits such adjusted status refugees, upon a satisfactory showing to the Attorney General, to have the date of their admission as a permanent resident operate retroactively (up to two years) to the date they become refugees in the United States. Permits such procedure for the spouse and children of such refugees. Authorizes the President, after consultation with the Judiciary Committees of the House and Senate, to admit additional refugees in unforeseen emergency situations. States that such additional emergency refugee admissions will be allocated among groups or classes of refugees of special concern to the United States in accordance with a determination made by the President. Provides that such emergency refugees will be admitted conditionally. Permits the spouse and children of a refugee admitted for permanent residence or admitted conditionally under this Act to qualify for the same admission status as such refugee if not so entitled in their own right. Provides that the spouse or children will be charged against the same refugee admissions limitation as such refugee. Provides permanent resident status for any conditionally admitted refugee: (1) who has been present in the United States at least two years; (2) who has not acquired permanent resident status; and (3) whose conditional entry has not been terminated by the Attorney General. Provides that such permanent resident status shall be conferred without regard to certain other immigrant requirements (labor certification, public charge, immigrant visa, literacy, and foreign physicians), and shall operate retroactively to the date of such alien's arrival in the United States. Provides for the exclusion of such conditionally admitted refugees who are found to be inadmissible as permanent residents. Permits any alien eligible for retroactive resident alien status under this Act who has already been granted such status under other provisions of such Act that do not provide for retroactivity, to have his or her admission for permanent resident status recorded as of the date of entry as a refugee into the United States. Title III: Temporary and Transitional Assistance to Refugees - Amends the Migration and Refugee Assistance Act of 1962 to authorize appropriations when necessary for: (1) public or private voluntary agencies to aid in the placement, resettlement, and care of refugees; (2) programs to aid adult refugees in securing employment; (3) State and local agencies for projects to provide special educational services to refugee children in elementary and secondary schools; (4) child welfare services for two years after the arrival of a refugee child, or in the case of a child who enters the United States accompanied by a parent or other close relative, until age 18; and (5) income maintenance and medical assistance during the first two years (except for Cuban refugees who entered the United States before October 1, 1978) following a refugee's arrival in the United States, except that if a refugee is eligible for Aid to Families with Dependent Children or Medicaid assistance, funds under this Act would only be used for the non-Federal share of such assistance. Increases the authorized level of the Emergency Refugee and Migration Assistance Fund from $25,000,000 to $50,000,000. Title IV: Effective Date - Provides that this Act shall take effect as of October 1, 1979.
United States · United States Congress · 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 · 8 March 1979
Soft Drink Interbrand Competition Act - Declares that exclusive territorial arrangements made as a part of a licensing agreement for the manufacture, distribution, or sale of a trademarked soft drink product are lawful under the antitrust law provided such product is in substantial and effective competition with other products for the same general class in the relevant market or markets. Prohibits recovery in private actions under the Clayton Act based on territorial provisions in a trademark licensing agreement prior to a final determination that such provisions are unlawful.
United States · United States Congress · 8 March 1979
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
Elderly and Handicapped Housing Act of 1979 - Amends the Housing Act of 1959 to increase the debt limitation to $5,760,000,000 by October 1, 1981, on obligations issued by the Secretary of Housing and Urban Development in order to finance the loan program for housing and related facilities for the elderly and handicapped. Authorizes the Secretary to consider, in reviewing loan applications under such Act, the extent to which a project will: (1) stabilize or revitalize a community; (2) serve as relocation housing for displaced elderly and handicapped families; and (3) economically rehabilitate structures with architectural, historical, or cultural significance. Directs the Secretary to provide technical assistance to inexperienced applicants, particularly members of minorities, in order to enable them to more fully participate in the loan program. Requires the Secretary to adjust the amount of monthly assistance payments, authorized by the United States Housing Act of 1937, extended to a project receiving a loan, to reflect any change in the interest rate between the date such assistance was reserved and the date of settlement on permanent financing for the project. Requires the Secretary to transmit a report to the Congress on means to reduce the costs of the loan program without unduly burdening sponsors or reducing its effectiveness.
United States · United States Congress · 7 March 1979
Women in Science and Technology Equal Opportunity Act - Title I: Statement of Findings, Purpose, and Policy - Sets forth the findings of Congress with respect to the employment of women in science and technological fields. Declares it the purpose of this Act to encourage the full participation of women in scientific, professional, and technical fields. Declares it the policy of the United States to assure equal opportunity for women in education, training, and employment in scientific and technical fields. Sets guidelines for activities carried out pursuant to this Act. Title II: Education - Directs the National Science Foundation to support activities to strengthen elementary and secondary school programs in science and mathematics to involve female students in such areas. Stipulates the areas which such support programs are to emphasize. Requires application to the Director of the National Science Foundation for grant and contract assistance for such programs. Directs the National Science Foundation to support programs in institutions of higher education to increase the participation of women in scientific and technical studies, training and fellowship opportunities, and careers. Stipulates the areas which such support programs are to emphasize. Requires application to the Director of the National Science Foundation for grant and contract assistance for such programs. Authorizes the Director of the National Science Foundation to determine the amount of training and fellowship stipends awarded under this title. Directs the National Science Foundation to initiate a program of continuing education in science and engineering providing opportunities to women. Authorizes the Director of the National Science Foundation to make grants to institutions of higher education, other academic institutions, nonprofit organizations, and private business firms to develop courses and curricula for such continuing education programs. Authorizes the Director to allocate continuing education fellowships under this title. Directs the Director to require programs under this title to develop and utilize standardized evaluation tools to determine the impact of authorized programs. Authorizes the Director to furnish technical assistance to the development of activities authorized by this title. Title III: Public Understanding - Directs the National Science Foundation to establish a Clearinghouse on Women in Science to collect and disseminate to the public information concerning activities which encourage the participation of women in science and technology. Requires the Clearinghouse to coordinate its activities with existing public and private efforts. Directs the National Science Foundation to conduct a research program to increase understanding of the potential contribution of women in these fields and to facilitate the participation and advancement of women in science and technology careers. Directs the Foundation to support projects to improve information concerning the importance of women in science and technology through the media. Specifies the factors to be used in determining funding priorities for such projects. Requires the Foundation to identify books and instructional materials: (1) to encourage girls and young women to study science and mathematics; (2) to pursue careers in science and technology; (3) to stress the importance of equal opportunity in science and technology; and (4) to emphasize the importance of mathematical and scientific skills in a wide range of programs. Authorizes the Foundation to support the development of books and instructional materials which support these goals. Directs the Foundation to support community outreach activities to attract substantial numbers of women to such careers. Requires the Foundation to make grants to nonprofit organizations which sponsor community activities to enable such organizations to include programs related to science and mathematics. Directs the Foundation to make grants to museums and science centers to encourage women to study such fields, to enter such careers, and to stress the importance of equal opportunity for women in science and technology. Establishes the President's Committee for Equal Opportunity in Science Awards to recommend to the President recipients of the annual Distinguished Achievement in the Advancement of Women in Science Award, also established by this Act. Authorizes the Director of the National Science Foundation to award annually the Mathematics and Science Incentive Awards, established by this Act, to schools which demonstrate over a three year period a substantial increase in the enrollment of women and girls in mathematics and science courses. Establishes the visiting women scientists program to enable women scientists to visit secondary schools and institutions of higher education to encourage girls and women to consider careers in these fields. Requires the Director of the Foundation to select women to be visiting women scientists. Title IV: Equal Employment Opportunity - Directs the head of each Federal agency, national laboratory, and federally funded research and development center which supports research and development in science and technology, to: (1) prevent discrimination against women in science and technology; (2) increase opportunities for the employment and advancement of women in these fields; and (3) encourage the participation of minority and physically handicapped women in science and technology careers. Requires a reduction, according to a specified formula, in the amount of Federal support for research and development in science and technology received by institutions employing on a percentage basis an insufficient number of women as set forth in this Act. Authorizes the Foundation to make grants for legal assistance to alleviate discrimination against women in scientific and technical fields. Requires the head of each Federal agency which provides financial assistance for research and development in science and technology of at least $30,000,000 in any fiscal year, the head of each national laboratory, and of federally funded research and development centers, to report annually to Congress concerning the employment status of women in such organizations. Requires the Director of the Foundation to assess the participation and status of women in all disciplines and job categories of scientific and technological fields in the public sector, private enterprise, and academic institutions and to disseminate annually a public report. Directs the Office of Personnel Management to include in its training program for Federal officials information concerning the employment and encouragement of women in science and technology. Directs the Director of the Office of Personnel Management to include in existing registers women qualified for and seeking scientific and technological positions, and to circulate such registers to each Federal agency, national laboratory, and federally funded research and development center. Directs the National Science Foundation to make grants: (1) to encourage the employment and advancement of women in science and technology through flexible work schedules, and other work- related arrangements and (2) for the establishment of visiting professorships for women in science at eligible academic institutions. Title V: General Provisions - Specifies the authority of the Foundation to carry out this Act.
United States · United States Congress · 7 March 1979
Intergovernmental Fiscal Assistance Amendments of 1979 - Amends the Public Works Employment Act of 1976 to authorize the Secretary of the Treasury, through a targeted fiscal assistance program, to make annual payments for fiscal years 1979 and 1980 to local governments with local unemployment rates at or above six and one-half percent. Authorizes appropriations for such purpose. Sets forth formulas and procedures for allocations to local governments under such program. Directs the Secretary of Labor to determine or assign unemployment rates necessary to the Secretary of the Treasury's administration of all the antirecession provisions of such Act. Directs the Secretary of Labor, the Director of the Bureau of the Census, and the Director of the Office of Personnel Management to provide other necessary information. Sets forth formulas and procedures for allocations to the governments of Puerto Rico, Guam, American Samoa, and the Virgin Islands under both the targeted fiscal assistance and the antirecession fiscal assistance programs. Authorizes the Secretary of the Treasury, through an antirecession fiscal assistance program, to make payments to specified territorial governments and to State and local governments with unemployment rates at or above five percent. Suspends such payments whenever the seasonally adjusted rate of national unemployment is below six and one-half percent. Authorizes appropriations for such purpose during each of the seven succeeding calendar quarters beginning in 1979. Stipulates that a portion of the total amount of such appropriations is to be determined according to a formula based on the seasonally adjusted rate of national unemployment. Sets forth formulas and procedures for allocations to eligible State and local governments and to specified territorial governments.
United States · United States Congress · 7 March 1979
Hospital Cost Containment Act of 1979 - Directs the Secretary of Health, Education, and Welfare to promulgate annually, beginning January, 1980: (1) a national voluntary percentage limit on hospital expenses; and (2) a voluntary percentage limit on hospital expenses for each State. Specifies the formulas for calculating such limits. Includes as factors for determining the national limit: (1) the average wage increase paid to employees (excluding supervisors and doctors of medicine or osteopathy) of hospitals in the United States; (2) the average price increase in the U.S. paid in appropriate classes of goods and services (to be determined by the Secretary); (3) the percent of hospital expenses attributable to such wage and price increases; (4) the annual increase in the national population; and (5) a one percent allowance for the net increase in hospital service intensity. Includes these factors in the formula for determining the State limits, except bases the average wage increase on employees of hospitals in each State and utilizes the population increase in each State. Directs the Secretary to promulgate annually, beginning January 1980, a voluntary percentage limit for each hospital for the hospital's accounting period ending in 1979. Specifies the formula for calculating such limit. Directs the Secretary to promulgate annually, beginning January, 1981, a voluntary percentage limit for each hospital not subject to a mandatory limit under this Act for the hospital's accounting period ending in the preceding year. Specifies the formula for calculating such limit. Directs the Secretary to determine or estimate before July 1, 1980, and before July 1 of each succeeding year: (1) the difference in dollars between (A) the percentage increase in the expenses of each hospital not subject to a mandatory limit under this Act in the preceding year, and (B) the voluntary percentage limit for the hospital for the accounting period; and (2) the sum of such differences. Provides that: (1) if such sum is zero or less, no hospital shall be subject to a mandatory limit under this Act for its accounting period ending the year; or (2) if such sum is greater than zero, then the Secretary shall determine the sum of the differences in each relevant State. Defines "relevant State" for such purposes. Provides that: (1) if this sum is zero or less in a particular State, no hospital in that State shall be subject to a mandatory limit under this Act for its accounting period ending in the year; or (2) every hospital, for each accounting period beginning after January 1, 1979, and for each succeeding accounting period, shall be subject to a mandatory limit as prescribed by this Act, unless such hospital is otherwise exempted by this Act. Requires the Secretary to exclude the hospitals in a particular State from such mandatory limits at the request of the chief executive of any State, under specified conditions. Authorizes the Secretary to exempt a hospital from such mandatory limit upon a determination that such exemption is necessary to facilitate certain experiments or demonstrations entered into under specified laws. Specifies: (1) the formula for calculating mandatory limits; and (2) the circumstances under which the average reimbursement payable to a hospital by a cost payer per admission, and the average inpatient charges per admission of a hospital, for any accounting period of the hospital subject to a mandatory limit, exceed such limit. Directs the Secretary, in calculating such mandatory limits, to develop: (1) a system of grouping hospitals by appropriate characteristics, such as patient case mix and metropolitan or nonmetropolitan setting; and (2) a method of measuring efficiency within each group that provides for setting a group norm defined in terms of all or certain hospital expenses. Requires the Secretary to assign to each hospital in a group a percentage bonus or penalty related to the extent to which a hospital's expenses differ from the group norm, according to a specified formula. Allows the Secretary to make further adjustments to such percentage bonus or penalty in order to allow for changes in admissions or other factors warranting special consideration. Sets for procedures by which a hospital may request the Secretary to exercise such discretion. Prohibits the reimbursement for inpatient hospital services provided under Medicare (title XVIII of the Social Security Act) to the extent that it exceeds the applicable mandatory limits established under this Act or under a State mandatory hospital cost containment program of a State whose hospitals have been excluded under this Act. Provides that: (1) payment shall not be made to any State; and (2) payment shall not be required to be made by any State under title V (Maternal and Child Health and Crippled Children's Services) or title XIX (Medicaid) of the Social Security Act with respect to any amount paid for inpatient hospital services in excess of the applicable mandatory limits established under this Act. Amends the Internal Revenue Code to impose on a hospital an excise tax equal to 150 percent of the amount of excess reimbursement which such hospital has with respect to a cost payer for an accounting period subject to a mandatory limit. Imposes such tax on a private cost payer, if a hospital has such excess reimbursement with respect to such payer. Imposes on a hospital which has excess inpatient charges for an accounting period subject to a mandatory limit, an excise tax equal to the product of 150 percent of the amount of excess inpatient charges of the hospital for the accounting period, and the fraction of such charges not attributable to cost payers. Sets forth procedures for the payment of such taxes, or for the deferral and abatement of such taxes, if a hospital has an escrow account approved by the Secretary. Authorizes the Secretary to exclude from participation in Medicare, Medicaid, or the Maternal and Child Health and Crippled Children's Services program a hospital which changes its admission practices in a manner that tends to reduce the proportion of inpatients for whom reimbursement is less than the anticipated inpatient charges applicable to them. Establishes a 15-member, part-time National Commission on Hospital Cost Containment to advise the Secretary with respect to the implementation of this Act, and other matters affecting hospital expenses or revenues.
United States · United States Congress · 7 March 1979
Declares the sense of Congress that the President shall take steps to: (1) call upon the Soviet Union to permit the resurrection of the Ukrainian Orthodox and Catholic Churches; (2) contact the officials of the Soviet Union to secure freedom of worship in the Soviet Union and Eastern Europe; and (3) raise the question of Stalin's liquidation of such churches with national and international religious councils.
United States · United States Congress · 1 March 1979
Drug Abuse Prevention, Treatment, and Rehabilitation Act of 1979 - Amends the Drug Abuse Office and Treatment Act of 1972 to abolish the Office of Drug Abuse Policy and to direct the President, acting through the Domestic Council or through such other mechanism as may be set forth by Executive order, to establish a system for making recommendations with respect to policies for Federal drug abuse functions, and to coordinate the performance of such functions by Federal departments and agencies. Requires the President to designate a single officer or employee of the Domestic Council to be his representative on drug abuse functions and to direct the activities of drug abuse policy coordination. Requires State drug abuse plans to take into account changes in emphasis in its programs resulting from shifts in demographic and drug abuse patterns within the State, and to design such programs to reach the general population and members of particularly vulnerable groups such as minority and poverty groups, women, youth, and the aged. Requires coordination of each State and local drug abuse prevention, treatment, and rehabilitation needs with its alcohol abuse and alcoholism survey. Directs the Secretary of Health, Education, and Welfare, acting through the National Institute on Drug Abuse, to develop a variety of model programs suitable for replication on a cost-effective basis in different types of business concerns and State and local governmental entities. Prohibits discrimination in admission or care against drug abusers suffering from personal, emotional, or social conditions, solely because of their drug abuse or drug dependence, by any private or public social service, mental health, intermediate care, rehabilitation, or other service-related facility which receives Federal financial support. Directs the Secretary, upon a State's request, to furnish technical assistance for developing and improving various program systems. Amends the Public Health Service Act to require that appointed members of the National Advisory Council on Drug Abuse be selected from a range of professionals and paraprofessionals that includes officers or employees of State and local drug abuse agencies. Extends the authorization of necessary appropriations for formula grants and other specified drug abuse prevention, treatment, and rehabilitation functions and activities through fiscal year 1981.
United States · United States Congress · 1 March 1979
National Science Foundation Authorization Act for Fiscal years 1980 and 1981 - Authorizes appropriations for activities of the National Science Foundation for fiscal year 1980, including the following categories: (1) mathematical and physical sciences and engineering; (2) astronomical, atmospheric, earth and ocean sciences; (3) United States Antarctic Program; (4) biological behavioral, and social sciences; (5) science education programs; (6) applied science and research applications; (7) scientific, technological, and international affairs; and (8) program development and management. Authorizes appropriations as necessary to the National Science Foundation for fiscal year 1981. Limits the transfer of funds from one category to another.
United States · United States Congress · 26 February 1979
Emergency Medical Services Systems Amendments of 1979 - Amends title VII (Health Research and Teaching Facilities and Training of Professional Health Personnel) and title XII (Emergency Medical Services Systems) of the Public Health Service Act to extend authorization of appropriations for assistance for: (1) emergency medical service systems (including grants for planning, initial operation, and expansion and improvement) in the following amounts: $40,000,000 for fiscal year 1980, $43,000,000 for fiscal year 1981, and $46,000,000 for fiscal year 1982; (2) research in emergency medical services in the following amounts: $3,200,000 for fiscal year 1980, $3,500,000 for fiscal year 1981, and $3,800,000 for fiscal year 1982; (3) programs relating to burn injuries in the amount of $3,000,000 for each of fiscal years 1980 through 1982; and (4) training in emergency medical services in the amount of $10,000,000 (the current level) for each of fiscal years 1980 through 1982.
United States · United States Congress · 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 · 21 February 1979
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1979 - Amends the Comprehensive Alcohol Abuse and Alcoholism Prevent, Treatment, and Rehabilitation Act of 1970 to provide that the Secretary of Health, Education, and Welfare shall consult with the Executive Director of the Domestic Council before appointing the Director of the National Institute on Alcohol Abuse and Alcoholism (NIAAA). Allows the Director of the NIAAA, when authorized by the National Advisory Council on Alcohol Abuse and Alcoholism, to obtain the services of up to 100 experts or consultants who have scientific or professional qualifications. Redesignates the Interagency Committee on Federal Activities for Alcohol Abuse as the Interdepartmental Committee on Federal Activities for Alcohol Abuse and Alcoholism. Directs such Committee, in addition to the functions required by current law, to monitor, in cooperation with the Institute, the establishment and operation of occupational alcoholism and alcohol abuse prevention and treatment programs among Federal contractors. Stipulates that the Committee membership of specified Federal departments, as provided by current law, shall include representation with policy level authority. Directs the Committee to report biennially on Federal activities relating to the problems of alcohol and the prevalence of occupational programs among Federal contractors. Directs the Secretary to establish an Intradepartmental Committee on Departmental Activities on Alcohol Abuse and Alcoholism to evaluate departmental policies, programs, and activities related to alcoholism and alcohol abuse. Makes Federal civilian employees' families eligible for alcoholism programs and services developed by the Office of Personnel Management. Directs the Secretary, acting through the Institute, to develop a variety of model occupational programs for replication in different types of business concerns and State and local government entities. Extends the authorization of appropriations through fiscal year 1982 for Federal assistance for State and local programs dealing with alcohol abuse and alcoholism. Directs the Secretary, on the request of any State, to provide technical assistance for specified purposes, including systems of data collection, program management, accountability, and evaluation, and accreditation of treatment facilities and personnel. Makes certain revisions with respect to the State Plans which are required for participation in the Federal assistance program, including that such a Plan provides assurance that the State agency will develop occupational programs, and that the State evaluate other programs within the State which deal with alcohol-related problems. Extends the authorization of appropriations through fiscal year 1982 for Federal assistance to States under the Uniform Alcoholism and Intoxication Treatment Act. Authorizes the Secretary to conduct demonstration and evaluation projects, with a high priority on prevention and early intervention projects in occupational and educational settings and on modified community living and workcare arrangements. Extends the authorization of appropriations through fiscal year 1982 for project grants and contracts, but stipulates that at least eight percent of such sums must go to preventive programs. Establishes a new grant program for demonstration and implementation of insurance regulations to treat alcoholism and alcohol abuse equivalently with other chronic health conditions. Prohibits discrimination against alcoholic abusers and alcoholics, solely because of their alcohol abuse or alcoholism, by any service-related facility which receives Federal funds. Includes within the program of research which the Secretary is directed to carry out under current law, the social causes of alcohol abuse and alcoholism. Stipulates that grants for research projects are to be made with particular emphasis on the relationship between alcohol abuse and domestic violence, the effects of alcohol during pregnancy, and the relationship between the abuse of alcohol and other drugs. Extends the authorization of appropriations through fiscal year 1982 for research related to the problems of alcohol abuse and alcoholism. Makes certain revisions with respect to the National Alcohol Research Centers, including: (1) the extension of research to biomedical, behavioral, and social issues related to alcoholism; (2) the requirement that Centers have the capacity to conduct courses for nursing, social work, and other specialized graduate students, and programs of continuing education; and (3) the stipulation that the Secretary not designate new Centers if such designation will dilute the funding of existing Centers. Extends the authorization of appropriations for such Centers through fiscal year 1982.
United States · United States Congress · 9 February 1979
Declares it the public policy of the United States to prohibit the manufacture, sale, interstate shipment, and use of leg-hold and steel-jaw traps in the United States. Prohibits the shipment into interstate or foreign commerce of fur or leather products which come from animals trapped in any State or foreign country which has not banned such traps. Requires the Secretary of State to: (1) ban all fur and leather products from, animals from foreign countries which have not banned such traps; and (2) publish a list of such countries. Sets forth penalties for violations of this Act.
United States · United States Congress · 9 February 1979
National Workers' Compensation Standards Act of 1979 - Establishes minimum standards for State workers' compensation laws. Provides that the employers in any State in which the laws do not meet such minimum standards shall be required to pay to any employee the difference between the State payments and the payments the Federal standards would require. Authorizes grants to States to assist them in achieving compliance with the minimum standards set forth in this Act. Vests administrative responsibility for these provisions in the Department of Labor. Directs the Secretary of Health, Education, and Welfare to undertake studies of employment-related diseases and to develop, and recommend proposals for standards for determining whether particular diseases arise out of and in the course of employment and cause death or disability and for diagnosing such diseases. Authorizes the Secretary of Labor (Secretary) to develop recommended standards for such purposes. Establishes procedures for such development and for publication of and public comment upon such standards. Requires the Secretary to: (1) evaluate States' compliance with such published advisory standards; (2) report such evaluation to Congress and recommend which such standards should be considered by the Congress as mandatory Federal standards; and (3) forward to the Congress reports of advisory committees and records of public hearings concerning such advisory standards. Authorizes the Secretary to recommend alternative means of establishing mandatory occupational disease standards and providing compensation for such disease. Directs the Secretary to conduct: (1) a comparative study of States' compensation of partial disabilities; (2) a study of the desirability and feasibility of a Federal minimum standard requiring periodic adjustment of benefits for death or total disability to reflect changes in the statewide average weekly wage; (3) a program of collection, compilation, and analysis of workers' compensation data; and (4) research, pilot projects and demonstration programs. Establishes a National Workers' Compensation Advisory Commission to monitor the progress of the States in meeting the standards established by this Act.
United States · United States Congress · 8 February 1979
Medicare Supplemental Health Insurance Information Disclosure and Protection Act of 1979 - Amends title XVIII (Medicare) of the Social Security Act to subject to fine or imprisonment or both any individual who, for the purpose of selling or attempting to sell insurance, misrepresents in any way that he or she is acting under the authority of, or in association with, the health insurance program of title XVIII. Directs the Secretary of Health, Education, and Welfare to develop model legislation and regulations concerning proposed minimum requirements for the sale of Medicare supplemental insurance to Medicare eligible individuals. Directs the Secretary to study the feasibility of a program of Federal certification of Medicare supplemental insurance. Directs the Federal Trade Commission to study deceptive practices in the sale of Medicare supplemental insurance.
United States · United States Congress · 6 February 1979
Declares an individual lawfully admitted to the United States for permanent residence, under the Immigration and Nationality Act, upon approval of a petition filed on such individual's behalf by a named citizen of the United States if such individual is found to be otherwise admissible under such Act.
United States · United States Congress · 6 February 1979
Schools of Education Assistance Act - Directs the Commissioner of Education to make grants to schools of education for fiscal years 1981-1985 for the diversification and redirecting of teacher education programs, including: (1) retraining faculty; (2) establishing new programs to prepare elementary and secondary teachers to work in other settings, such as business, industry, private schools or related social services; and (3) establishing model projects. Directs the Commissioner to reserve a part of the funds appropriated for projects under this Act for related educational research and program evaluation.
United States · United States Congress · 5 February 1979
Omnibus Antiterrorism Act of 1979 - States Congressional findings relative to the purpose of this Act and defines terms. Title I: Reorganization of Executive Office of the President - Establishes a Council to Combat Terrorism in the Executive Office of the President. Includes among the council's functions: (1) assisting the President to implement this Act; (2) assisting in the preparation of lists of countries aiding terrorist enterprises; and (3) coordinating Federal efforts to combat terrorism. Directs the President to report annually to Congress regarding acts of international terrorism and submit lists of countries supporting international terrorism. Specifies the sanctions to be imposed against such countries. Directs the President to report to Congress every two years concerning Federal and International Capabilities to Combat Terrorism. Title II: Reorganization of the Department of Transportation - Establishes an Office for Combating Terrorism in the Department of Transportation. Amends the Federal Aviation Act of 1958 to require the Secretary of Transportation to assess the effectiveness of security measures maintained at foreign airports and report such assessments to Congress. Authorizes the Secretary to restrict operations at those foreign airports failing to bring their security measures to the specified level of effectiveness. Authorizes the Secretary to provide technical aviation security assistance to foreign governments. Authorizes appropriations for such assistance. Title III: Reorganization of the Department of Justice - Establishes an Office for Combating Terrorism in the Department of Justice. Amends provisions relating to the manufacture of explosive materials to require such manufacturers to add an identification taggant and a detective taggant to the explosive materials. Prohibits the distribution, importation, or sale of explosive materials without such taggants. Specifies penalties for those manufacturers found violating such provisions. Exempts manufacturers of small arms ammunition and small quantities of black powder from such provisions. Requires the President to insure the full implementation of the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation. Amends provisions of title 18 of the U.S. Code that specify prohibited acts regarding the destruction of aircraft or aircraft facilities to, among other revisions, set forth penalties for committing violence against a passenger which is likely to endanger an aircraft in service, and for communicating false information which result in endangering the safety of an aircraft in flight. Sets forth penalties for a person found in the United States who has committed against or abroad a foreign aircraft an offense in violation of the Convention for the Supression of Unlawful Acts Against the Safety of Civil Aviation. Authorizes civil penalties for carrying an accessible weapon aboard an aircraft and for imparting or conveying information known to be false regarding specified crimes aboard an aircraft. Specifies criminal penalties for threatening to commit air privacy or any other of certain crimes aboard an aircraft. Title IV: Reorganization of the Department of State - Establishes an office for Combating International Terrorism in the Department of State. Urges the President to seek international agreements to assure cooperation in combating terrorism. Lists provisions which should be given priority in negotiating such agreements.
United States · United States Congress · 5 February 1979
Amends the Internal Revenue Code to allow certain married individuals, who do not file a single joint return with their spouses, to elect the same tax rates currently applicable to unmarried individuals (other than surviving spouses and heads of households), without regard to any community property laws. Entitles any married individual making such an election to claim the income tax credit for dependent care services paid for under specified circumstances, even though such individual did not contribute over half of the support of the dependent concerned.
United States · United States Congress · 1 February 1979
Veterans Administration Adjudication Procedure and Judicial Review Act - Title: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standard currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if after reviewing all the evidence a reasonable doubt remains regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. Stipulates that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the size of the Board of Veterans' Appeals from 50 to 65 members. Requires the Chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board: (1) to provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; (2) provide the claimant with an opportunity for a hearing; and (3) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Authorizes the Administrator of Veterans' Affairs to establish a new level of administrative appeal hearings for disputed veterans' claims on a limited pilot basis. States that such hearings: (1) are to take place at the VA field office where the original claim was filed; (2) shall be before three VA adjudication employees who did not take part in the original hearing; and (3) shall be considered to fulfill the appeals hearing requirement under the VA provisions as amended by this Act. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreements with respect to a material issue in a veterans' appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimants right to examine and obtain a copy of such record; and (6) the exclusivity of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of procedural rights and procedures. Title II: Veterans' Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States, with regard to jurisdiction: (1) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 120 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court, either in the claimant's home district or in the District of Columbia; (2) that in cases not directly involving a claim for benefits a civil action otherwise authorized by law shall not be precluded; (3) the definition of final decision; (4) that the judicial review procedures established under this Act shall not apply to insurance and home loans; (5) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; and (6) that the court render a decision on the pleadings. States, with regard to the reviewing court's scope of review, that such court: (1) decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, such court may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits' awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before court, as provided for under this Act. Stipulates that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. Establishes procedures for the review of the VA's or a court's approval of attorneys' fees. States that in the case of a benefits claim resolved before the VA, either the claimant or the attorney may challenge the award in the Federal district court in which the claimant resides or has his principal place of business within 30 days after notice of the attorneys' award. States that in the case of such a claim resolved in court, either the claimant or the attorney may challenge the award in such court within 30 days after such award. Provides that all parties be given notice. Stipulates that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - States that this Act shall become effective 180 days after enactment. Permits review of Board of Veterans' Appeals rendered on or after January 1, 1977, and prior to the effective date of this Act.
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