United States · United States Congress · 31 January 1979
Regulatory Flexibility Act - Requires Federal agencies to include the following information in the general notice of a proposed rule: (1) the goals and purpose of the rule; (2) the estimated number of individuals, businesses, organizations, and governmental jurisdictions affected by the rule; (3) a statement that the agency seeks alternative proposals which could achieve the goal of the proposed rule at a lower cost to individuals, small businesses, small organizations, and small governmental jurisdictions; and (4) a list of the measures necessary for compliance with any reporting requirement affecting more than ten persons. Requires Federal agencies to accept and consider alternative proposals to a proposed rule and to publish those proposals with justification of the selection of the final rule. Defines a small business, small organization, small governmental jurisdiction, and an individual as used in this Act. Directs each agency to publish a plan for reviewing its rules within 180 days after enactment of this Act. Requires each agency to determine whether such rules are efficiently achieving the goals of the implementing legislation. Directs the agency to publish annually a list of the rules to be issued and reviewed during the next year.
United States · United States Congress · 31 January 1979
Antitrust Enforcement Act of 1979 - Amends the Clayton Act to entitle any purchaser or seller in the chain of manufacture, production, or distribution of goods and services to relief under such Act, upon proof of an overcharge or underpayment resulting directly or indirectly from an antitrust violation. States that such relief may be granted in individual suits, suits by the United States, or parens patrie actions brought by a State attorney general for natural persons residing in the State. Authorizes the courts, in any civil action brought by a person or the United States, to permit the defendant to prove that the plaintiff was able to pass on to third parties all or part of an overcharge or underpayment. Grants the court the discretion to hear such evidence as a partial or complete defense in order to avoid duplicative liability. Enables the parties to any class action to prove the fact of injury, the amount of passed on charges and the extent of damages on a classwide basis, without requiring proof of such matters by each individual member of the class. Authorizes the judicial panel on multidistrict litigation to consolidate and transfer any action brought under the Clayton Act, with or without the consent of the parties for both pretrial and trial purposes.
United States · United States Congress · 29 January 1979
Anti-Arson Act of 1979 - Establishes an Interagency Committee on Arson Control to coordinate Federal anti-arson programs and to provide assistance to State and local governments for the prevention, detection and control of arson. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the awarding of grants to States and localities for: (1) programs designed to prevent and detect crimes involving arson; and (2) the development of education and training for State and local prosecutors with respect to the crime of arson. Requires the Director of the Federal Bureau of Investigation to: (1) classify arson as a major crime in the Uniform Crime Reports; and (2) develop a special investigation program for the crime of arson. Directs the Administrator of the National Fire Prevention and Control Administration to: (1) conduct a research program for the development of techniques and equipment for use by State and local fire fighting and law enforcement personnel for arson prediction, prevention, and control; (2) establish anti-arson educational and training programs for State and local government; (3) develop materials for community awareness programs; and (4) provide information relative to the prevention, prediction, occurrence, and control of arson. Amends the Urban Property Protection and Reinsurance Act of 1968 to provide that fair access to insurance requirements plans shall require policies to be issued only after insurers obtain information from a prospective policyholder with respect to arson.
United States · United States Congress · 29 January 1979
National Commission on Compulsive Gambling Act - Establishes a 22-member, part-time National Commission on Compulsive Gambling to conduct a study of compulsive gambling and related problems, including specified assessments. Directs the Commission to submit a final report to the President and Congress within one year of the availability of funds for such purpose.
United States · United States Congress · 29 January 1979
Authorizes additional expenditures by the Committee on Human Resources for inquiries and investigations from March 1, 1979, through February 29, 1980 in an amount not to exceed $2,792,000. Directs the Committee to report its findings and recommendations for legislation to the Senate not later than February 29, 1980.
United States · United States Congress · 29 January 1979
Amends rule XXV of the Standing Rules of the Senate to change the name of the Committee on Human Resources to the Committee on Labor and Human Resources.
United States · United States Congress · 25 January 1979
Domestic Volunteer Service Act Amendments of 1979 - Amends the Domestic Volunteer Service Act of 1973 to require the Director of the ACTION Agency to terminate the assignment of a volunteer to a State program, upon the timely disapproval of such program by the Governor, supported by a statement of reasons. Revises the career provisions of low-income VISTA volunteers and the conditions under which volunteers may be advanced end-of-service stipends. Allows up to 15 percent of the first $4,600,000 appropriated for special service-learning programs to be used to enable students in secondary and post-secondary schools to participate in programs other than the University Year for ACTION program. Stipulates that the Director is authorized to make grants for special volunteer programs in urban and rural areas, and includes in such programs: (1) a program of assistance to victims of domestic violence; and (2) certain National Urban Neighborhood Priorities Programs. Authorizes the Director to provide financial support for short-term, part-time volunteers who are enrolled for 20 hours or more per week for 26 or more consecutive weeks. Allows full-time volunteers enrolled for a full year in special volunteer programs to be eligible to receive stipends and allowances, not to exceed those paid to VISTA volunteers. Authorizes the Director to make grants to and contract with public agencies and private nonprofit organizations for projects to carry out new Urban Neighborhood Volunteer Programs. Authorizes the Director, with the concurrence of the mayor or other chief elected governmental authority of an urban area, to designate and provide financial assistance to a lead agency for Urban Neighbors Programs to carry out community revitalization and person-to-person service activities in distressed urban neighborhoods. Requires the Director to develop and carry out National Urban Neighborhood Priorities Programs, including: (1) a program called "Helping Hand," involving services to reduce the necessity for institutionalization; (2) a financial counseling program to low- and fixed-income persons; and (3) other priority programs. Forbids the denial of any Government assistance to any volunteer who otherwise qualifies for such assistance by reason of the fact that such person refuses to seek or accept employment or training during the period of volunteer service in a Federal antipoverty program. Declares specified part-time antipoverty volunteers to be Federal employees for purposes of the Hatch Act, the Internal Revenue Code, title II of the Social Security Act, the Federal Tort Claims, and the Federal Employees Compensation Acts. Makes the Federal Tort Claims Act the sole available remedy of an individual making a medical malpractice claim as a result of actions by a health care volunteer. Makes the policies and remedies of the Civil Rights Act of 1964, the Rehabilitation Act, and Age Discrimination Act applicable to volunteers and applicants for volunteer services in any ACTION program. Requires the Director to take necessary action to reduce the paperwork required under the Act. Authorizes appropriations through fiscal year 1981 for National Volunteer Antipoverty Programs. Conditions the obligation or expenditure of such appropriations on: (1) the appropriation of at least $72,000,000 for National Older Americans Volunteer Programs; and (2) the obligation of at least $8,100,000 for the Helping Hand and financial counseling programs.
United States · United States Congress · 25 January 1979
Congressional Award Program Act - Establishes the Congressional Award Program in the United States and its territories to recognize and promote youth leadership and excellence in the areas of expedition fitness, personal creative development, and public service. Creates a Congressional Award Board with a Director to supervise such program. Authorizes the appointment of State award directors under this Act. Exempts the Board, its property, and its income from present and future Federal, State, and local taxation, with specified exceptions. Creates three Congressional Award Medals to the awarded under this Act.
United States · United States Congress · 25 January 1979
Federal Computer Systems Protection Act of 1979 - Prohibits anyone from directly or indirectly accessing or causing to be accessed for fraudulent purposes a computer system operating in interstate commerce or having a connection with the Federal Government or any financial institution.
United States · United States Congress · 25 January 1979
Sudden Infant Death Syndrome Act Amendments of 1979 - Amends title XI of the Public Health Service Act (Genetic Diseases, Hemophilia Programs, and Sudden Infant Death Syndrome) to revise the current information services program with respect to sudden infant death syndrome (SIDS), including requirements that: (1) a reporting system to the Department of Health, Education, and Welfare be implemented; (2) coordinated clearinghouse activities be carried out on all aspects of SIDS; and (3) grant applications provide for parent self-help group involvement. Requires the Secretary of Health, Education, and Welfare to: (1) submit annually to the appropriate congressional committees a comprehensive report on the administration of the program, including the extent of allocations made to rural and urban areas; and (2) conduct a study on State laws, practices, and systems relating to death investigation and their impact on sudden infant deaths and report the results to Congress. Extends and increases the authorization of appropriations for such program in the following amounts: $7,000,000 for fiscal year 1980, and $9,000,000 for fiscal year 1981. Directs the Secretary to distribute such appropriations equitably among the regions of the Nations. Directs the Secretary to assure that there are applied adequate amounts from sums appropriated to the national institute on Child Health and Human Development to make maximum feasible progress toward the prevention of sudden infant death syndrome, and to report to the appropriate congressional committees with respect to sudden infant death syndrome research.
United States · United States Congress · 25 January 1979
Title I: Nurse Training - Nurse Training Amendments of 1979 - Amends title VIII of the Public Health Service Act to extend the assistance program for nurse training and students, generally at reduced levels of authorization through fiscal year 1980. Directs the Secretary of Health, Education, and Welfare to: (1) arrange for the conduct of a study, either with the National Academy of Sciences (if such body agrees) or with another public or nonprofit private entity (if the Academy declines), to determine the need to continue a specific Federal assistance program for nursing education, taking into account specified factors; and (2) report to Congress on such study by January 15, 1980. Title II: Other Health Professions Programs - Amends title VII of the Public Health Service Act (Health Research and Teaching Facilities and Training of Professional Health Personnel) to authorize the Secretary of Health, Education, and Welfare to increase the ceiling on federally insured loans in any academic year to a medical student in a school of medicine, osteopathy, or dentistry from $10,000 to $15,000 upon a determination that educational costs require such increase. Increases the aggregate insured unpaid principal amount for all such insured loans made to any such borrower from $50,000 to $60,000. Authorizes the Secretary to defer the date used with respect to service requirements for National Health Service Corps scholarships for students of medicine, osteopathy, or dentistry for a period longer than the current three-year limit for such deferment. Exempts a medical or osteopathic school participating in an area health education center program from the requirement that such school conduct a program for training physician assistants or nurse practitioners which emphasizes enrolling individuals from the area served by the center of the program, if another school participating in the same program meets such requirement. Increases from $5,000,000 to $10,000,000 the sums which may be obligated for schools of medicine and other types of health care which are financially distressed or unaccredited, from the total authorizations for start-up assistance, financial distress training, and curriculum development of medical schools. Amends the Health Professions Educational Assistance Act of 1976 to extend authorization of appropriations through fiscal year 1981 for certain area health education programs which are funded under the Public Health Service Act prior to October 12, 1976.
United States · United States Congress · 25 January 1979
Constitutional Amendment - Provides that the people of the several States, and the District constituting the seat of Government of the United States shall elect the President and Vice President. Requires each elector to cast a single vote for two persons who shall have consented to the joining of their names as candidates for the offices of President and Vice President. Requires the electors of President and Vice President in each State to have the qualifications requisite for electors of the most numerous branch of the State legislature, except that for electors of President and Vice President, the legislature of any State may prescribe less restrictive residence qualifications and for electors of President and Vice President the Congress may establish uniform residence qualifications. Provides that the pair of persons having the greatest number of votes for President and Vice President shall be elected, if such number is at least 40 percent of the whole number of votes cast. Provides that if no pair of persons has such number, a runoff election shall be held in which the choice of President and Vice President shall be made from the two pairs of persons who received the highest numbers of votes. Requires the days for such elections to be determined by Congress and to be uniform throughout the United States. Requires Congress to prescribe by law the time, place, and manner in which the results for such elections shall be ascertained and declared. Allows Congress to provide for the case of the death, inability, or withdrawal of any candidate for President or Vice President before a President and Vice President have been elected, and for the case of the death of both the President-elect and Vice President-elect.
United States · United States Congress · 24 January 1979
ERISA Improvements Act of 1979 - Title I: Amendments to the Employee Retirement Income Security Act of 1974 - Amends the Employee Retirement Income Security Act of 1974 to declare an additional policy of ERISA to foster the establishment and maintenance of employee benefit plans sponsored by employers and/or employee organizations. Revises the definition of the term "party in interest." Redefines "multiemployer plan" to mean a plan which is maintained pursuant to one or more collective bargaining agreements between an employee organization and more than one employer and to which ten or more employers contribute, or to which more than one and fewer than ten employers contribute if the Secretary of Labor finds that treating such a plan as a multiemployer plan is appropriate. Requires a plan administrator to disclose accrued benefits to a plan participant, following termination of service or a one-year break in service, if such participant is entitled to a deferred vested benefit. Authorizes the Secretary of Labor to exempt any employee benefit plan from any of the reporting and disclosure requirements, or to modify such requirement, upon a determination that such change is: (1) in the public interest; and (2) consistent with the purposes of title I of ERISA. Eliminates the requirement that a plan administrator furnish to a participant or beneficiary a copy of certain finance statements within 210 days of the close of the plan's fiscal year. Sets a $10 limit on the amount an administrator can charge for a copy of the full annual report. Requires, rather than allows, accountants to rely on the correctness of any actuarial matter certified by an enrolled actuary. Provides for the transfer of contributions from one collectively bargained pension or welfare plan to a similar plan in which an employee had become a participant, upon written agreement of the administrators of both plan. Allows a benefit plan to determine eligibility on a plan year basis, in addition to a participant's employment commencement date, as long as rights and benefits are based upon all of such employee's service. Amends provisions with respect to the accrual of benefits in a multiemployer plan and multiemployer suspension of benefits because of reemployment. Prohibits the reduction of: (1) disability benefits paid under a welfare plan because of an increase in the social security benefit level or wage base; and (2) benefits paid to a vested participant who has separated from service because of any employer payment as a result of a worker's compensation award. Requires a plan which gives an annuity as the normal form of benefit to provide for a participant's spouse a survivor's annuity, if such participant has at least ten years service for vesting purposes. Requires a plan which does not give an annuity as the normal form of benefit to provide such a participant's spouse with a lump sum or installment payment. Entitles participants to elect not to take, or to revoke, such joint and survivor annuities, under specified circumstances. Allows the funding method of a plan to take account of all plan provisions, including future benefit reductions. Redefines the contents of a general asset account in the case of plans which have guaranteed benefit policies with an insurer. Permits a collectively bargained multiemployer plan to return an employer contribution within six months after the plan administrator knows that the contribution was made as a result of a mistake of fact or in violation of the Labor-Management Relations Act. Defines "knowledge" of a fiduciary who is not an individual, for purposes of the liability for a co-fiduciary's breach of duty, as knowledge actually communicated, or knowledge which should have been communicated in the normal course of business. Requires that one member of the Advisory Council on Employee Welfare and Pension Benefit Plans be a representative of employers maintaining small plans. Directs the Secretary of Labor to study the feasibility of requiring pension plans to provide cost-of-living adjustments to benefits payable under such plans. Requires a court to allow reasonable attorney fees and costs, where a judgment has been awarded in an action to collect contributions owed to an employee benefit plan. Provides that no person or employee benefit plan shall be subject to civil or criminal liability as the result of an action explicitly or implicitly alleging that the interest of an employee in a benefit plan is a security under Federal or State securities laws. States that Federal courts shall not have jurisdiction of such causes of action. Provides that an interest in a bank's single or collective trust or an insurer's separate account and issued exclusively to a benefit plan is not a security for the purposes of the registration requirements of Federal or State securities laws. Directs the Secretary of Labor to promulgate regulations with respect to such pooled investment funds. Prohibits any person from knowingly misrepresenting the terms and conditions of a benefit plan or the status of any participant or beneficiary under such plan. Stipulates that the benefit plan shall not be liable for damages resulting from such misrepresentation. Specifies two areas in which ERISA shall not preempt State laws relating to employee benefit plans: (1) health care, including (A) laws requiring a contract or policy of insurance issued to a plan to permit participants to convert or continue protection after it ceases to be provided by the plan, and (B) the Hawaii Prepaid Health Care Law, and other State laws which are substantially identical to such Hawaii law; and (2) domestic relations, including any judgment, decree, or order issued under State common or community property laws, under specified circumstances. Provides that ERISA shall preempt a State insurance law which requires that a specific benefit be made available by a contract or insurance policy issued to an employee benefit plan. Title II: Amendments to the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to treat all defined benefit and contribution plans under the Employee Retirement Income Security Act of 1974, and all pension, profit-sharing, and stock bonus plans as a single plan for purposes of determining the amount of lump sum distribution to which a beneficiary of such plans becomes entitled upon the death, retirement, or disability of the covered employee. Provides that a multiemployer plan may treat an employee who has not worked in service covered under such plan for a period of six months as having separated from service for purposes of the lump sum distribution. Allows an income tax deduction for contributions made by employees to qualified employee retirement savings plans. Limits the amount of the allowable deduction to the lesser of ten percent of employee compensation or $1,000. Disallows the deduction for plans which discriminate in favor of highly compensated employees. Allows an income tax credit to small business employers who maintain or make contributions to a qualified employer retirement plan. Limits the amount of such credit to a specified percentage of the amount allowed as an income tax deduction for employer contributions to an employee trust or annuity plan under the Internal Revenue Code. Title III: Special Master and Prototype Plans - Amends ERISA to create a new type of master or prototype employee pension benefit plan which has been approved by the Secretary of Labor, and the assets of which are controlled by one or more master sponsors, who may be registered investment advisors, banks, or insurance companies. Relieves an employer who establishes such a plan of many of the administrative requirements of ERISA. Title IV: Employee Benefits Commission - Establishes a five-member, full-time Employee Benefits Commission as an independent agency within the executive branch. Creates two new positions, entitled "special liaison officer to the Employee Benefits Commission," one within the Department of Labor and one within the Department of the Treasury, to serve as the chairman and vice chairman of the Commission. Directs the Commission to: (1) formulate policy with respect to Federal laws relating to employee benefit plans; (2) administer and enforce titles I and IV of ERISA; and (3) administer and obtain compliance with specified provisions of the Internal Revenue Code relating to the qualification of employee benefit plans. Transfers to the Commission the authority of the Secretary of Labor and the Pension Benefit Guaranty Corporation granted under ERISA, and functions of the Secretary of the Treasury relating to employee benefit plans. Grants to the Commission additional powers, including: (1) requiring the attendance and testimony of witnesses and the production of documentary evidence, (2) initiating civil actions for enforcement purposes; and (3) certifying to the Secretary of the Treasury that an employee benefit plan does or does not satisfy the requirements of the Internal Revenue Code for qualified plans.
United States · United States Congress · 24 January 1979
Department of Education Organization Act of 1979 - Title I: General Provisions - Declares the purposes of this Act to be to: (1) insure that education receives the appropriate emphasis at the Federal levels; (2) coordinate Federal educational programs; (3) supplement and complement the educational efforts of State, local, and tribal governments, as well as the private sector; and (4) protect the rights of State, local, and tribal governments, and public and non-public educational institutions in the areas of educational policies, administration of programs, and selection of curriculums and program content. Title II: Establishment of Department - Establishes an executive department to be known as the Department of Education to be headed by a Secretary of Education. Establishes, within such Department, offices of Assistant Secretary for: (1) Special Education and Rehabilitative Services; (2) Postsecondary Education; (3) Elementary and Secondary Education; (4) Occupational, Adult, and Community Education; and (5) Educational Research and Development. Establishes within such Department: (1) a Director of the Office of Civil Rights; (2) two additional Assistant Secretaries; (3) an Inspector General; (4) a General Counsel; and (5) an Administrator of Education for Overseas Dependents. Includes, within the functions of such Department, the administration of programs relating to: (1) elementary, secondary, and postsecondary education; (2) occupational, adult, and community education; (3) grants; (4) special education and rehabilitative services; (5) schools for overseas dependents of the Department of Defense; (6) enforcement of civil rights; (7) educational research; (8) intergovernmental policies; (9) public information; and (10) congressional relations. Establishes, within such Department, Offices of: (1) Civil Rights; (2) Elementary and Secondary Education; (3) Postsecondary Education; (4) Occupational, Adult, and Community Education; (5) Special Education and Rehabilitative Services; (6) Education for Overseas Dependents; (7) Educational Research and Improvement; (8) Inspector General; and (9) General Counsel. Establishes within such Department an Intergovernmental Advisory Council on Education to assure the effective coordination of Federal programs. Establishes a Federal Interagency Committee on Education to assist the Secretary in coordinating the procedures and actions of the Department with other Federal agencies. Title III: Transfers of Agencies and Functions - Transfers to the Department from the Department of Health, Education, and Welfare (HEW): (1) the Education Division of HEW, including the National Institute of Education; (2) the Office of the Assistant Secretary for Education, including the National Center for Education Statistics; (3) the Institute of Museum Services; (4) any advisory committees primarily concerned with education; and (5) the Office of Information and Resources for Handicapped Individuals; (6) the Rehabilitation Services Administration, except the part of such Administration that administers the Developmental Disabilities Assistance and Bill of Rights Act; (7) the National Institute of Handicapped Research; (8) the Interagency Committee on Handicapped Research; (9) the Helen Keller National Center for Deaf-Blind Youth and Adults; and (10) the National Council on the Handicapped. Transfers from HEW to the Department of Education educational functions regarding: (1) the General Education Provisions Act; (2) the Emergency School Aid Act; (3) the Higher Education Act of 1965; (4) the Emergency Insured Student Loan Act of 1969; (5) the Act of August 30, 1898; (6) title II of the Elementary and Secondary Education Act of 1965; (7) certain provisions of the Alcohol and Drug Abuse Education Act; (8) the International Education Act of 1966; (9) the National Defense Education Act of 1958; (10) the Education of the Handicapped Act; (11) the National Commission on Libraries and Information Science Act; (12) the Vocational Education Act of 1963; (13) the Career Education Incentive Act; (14) the Office of Civil Rights; (15) the budgetary oversight of certain educational institutions; (16) certain loans and scholarships for students in the medical and health services under the Public Health Service Act; (17) certain provisions under the Rehabilitation Act of 1973; (18) the National Institute of Education and the Institute of Museum Services; (19) Gallaudet College, Howard University, the American Printing House for the Blind, and the National Technical Institute for the Deaf; and (20) telecommunications grants under the Communications Act of 1934. Transfers to the Department of Education from the Departments of: (1) Defense, the administration and operation of overseas dependents schools; (2) Justice, the student loan and grant programs known as the Law Enforcement and Education Program and the Law Enforcement Intern Program; and (3) Housing and Urban Development, the administration of college housing loans. Transfers to the Department of Education: (1) specified functions of the National Science Foundation; and (2) the Advisory Council on Educational Statistics. Title IV: Administrative Provisions - Authorizes the Secretary to appoint and fix the salaries for the Department's employees in accordance with the civil service laws. Allows certain higher level appointments to be made by the Secretary without Civil Service Commission approval if the individual so appointed is transferred to the Department in connection with a transfer of functions under this Act. Stipulates that Congress shall authorize the annual number of personnel for the Department of Education. Establishes guidelines for computing such personnel authorization. Grants rulemaking authority to the Secretary. Requires such rules to be in accordance with the Administrative Procedures Act and specified provisions of the General Education Provisions Act. Authorizes the Secretary to (1) employ experts and consultants; (2) enter into contracts with public agencies and private persons and organizations; (3) provide technical advice to participants or potential participants in Departmental programs; (4) maintain, alter, or discontinue field offices; (5) acquire and maintain schools, laboratories, and related facilities; (6) provide and maintain various facilities for employees and their dependents at remote locations; (7) utilize, with their consent, Federal, State, tribal, or foreign facilities; (8) acquire necessary copyrights and patents; (9) accept and utilize gifts and requests of real and personal property; (10) establish a working capital fund for administrative expenses; and (11) transfer funds within the Department. Directs the Secretary to submit an annual report to the Congress concerning the Department's activities. Stipulates that such report include: (1) a statement of goals and priorities; (2) an assessment of progress; (3) an analysis of data concerning changing trends in education and areas of particular educational concern; (4) five-year budget projections; and (5) recommendations made by the Federal Interagency Committee on Education. Requires that public hearings be held as part of the preparation of such report. Directs that the Secretary of Health and Human Services, the Secretary of the Interior, and the Director of the Office of Management and Budget jointly conduct a study of the administration of Federal Indian education programs, and that such study be submitted to the Congress and the President within six months of enactment of this Act. Stipulates that such study contain; (1) an analysis of problems and recommendations for improvements; and (2) recommendations concerning the proper organizational structure for Indian education programs within the Federal Government. Provides that, except where inconsistent with provisions of this Act, the General Education Provisions Act shall apply to functions transferred by this Act. Title V: Transitional, Savings, and Conforming Provisions - Redesignates the Department of Health, Education, and Welfare as the Department of Health and Human Services, and the Secretary of Health, Education, and Welfare as the Secretary of Health and Human Services. Title VI: Effective Date and Interim Appointment - Directs that this Act shall take effect 180 days after the Secretary of Education takes office, or earlier if the President so decides. Authorizes the President to make initial interim appointments to the Department of Education under specified conditions.
United States · United States Congress · 23 January 1979
Intergovernmental Antirecession and Supplementary Fiscal Assistance Amendments of 1979 - Amends the Public Works Employment Act of 1976 to add to the congressional findings under such Act that both an antirecession fiscal assistance program and a supplementary fiscal assistance program which aid governments requiring fiscal relief are essential elements of a sound Federal fiscal policy. Extends the authorization of appropriations for antirecession fiscal assistance through September 30, 1980. Provides for the suspension of such assistance in certain circumstances if the unemployment rate does not exceed six percent. Requires the Secretary of Labor to calculate the unemployment rate for specified units of local governments, within or encompassing standard metropolitan statistical areas, using the population survey methodology used prior to January 1, 1978, if such rates are higher then under the current methodology. Requires the Secretary of Commerce to reallocate any undistributed excess amounts among the States and local governments. Repeals the requirement that States and local governments file statements with the Secretary containing certain reporting assurances. Authorizes the Secretary to make supplemental payments to local governments whose allocation would be reduced as a result of calculating unemployment rates by a new formula. Directs the Secretary of Labor to provide the Secretary of Commerce with necessary information and to determine unemployment rates for each State and local government. Authorizes the Secretary of Commerce to pay supplementary fiscal assistance to local governments with unemployment rates above six percent whenever the unemployment rate for the United States is five percent or more. Authorizes appropriations for such assistance through September 30, 1980. Provides for the suspension of such assistance if antirecession fiscal assistance is being paid or U.S. unemployment rates are less than five percent. Specifies the formula to be used in determining payments under this Act. Requires the Secretary of Commerce to combine certain supplementary payments with the general revenue sharing payment and make a single payment to the local governmental unit. Provides for the reallocation of any undistributed excess amounts among the local governmental units. Requires local governments receiving supplementary fiscal assistance to comply with those provisions applicable to antirecession fiscal assistance.
United States · United States Congress · 23 January 1979
Allows a retired Federal employee or Member of Congress who elected to provide a survivor annuity to his or her spouse, to increase the amount of such annuity for a spouse of a remarriage.
United States · United States Congress · 23 January 1979
Amends the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 by adding Title VII: National Commission on Alcoholism and Other Alcohol-Related Problems, to establish a National Commission on Alcoholism and Other Alcohol-Related Problems. Directs the Commission to study alcoholism and alcohol-related problems, including enumerated areas, and to report its findings to the President and Congress within two years of the funding of the Commission.
United States · United States Congress · 23 January 1979
Victims of Crime Act of 1979 - Establishes a nine-member, part-time Advisory Committee on Victims of Crime to advise the Attorney General with respect to the administration of this Act and the compensation of victims of crime. Directs the Attorney General to make grants to qualified State programs for the compensation of victims of crime. States that such grants shall total: (1) 25 percent of the allowable compensation paid to victims and dependent survivors of victims of State crimes designated by the State as appropriate for compensation under this program; and (2) 100 percent of the allowable compensation paid to victims and survivors of victims of crimes which would constitute designated State crimes except for the fact that the crime is subject to exclusive Federal jurisdiction. Specifies criteria for a State plan to qualify under this Act, including that such plan: (1) offers compensation for personal injuries suffered as a result of certain State and Federal crimes; (2) offers compensation to surviving dependents of any person whose death resulted from being victim to such a crime; (3) grants claimants the right to a hearing; (4) requires cooperation with law enforcement agencies as a condition for recovery; (5) does not have a financial means test; (6) subrogates the State to any claim the victim or dependent has against the perpetrator to the extent of the amount compensated by the State; (7) does not require claimants to seek welfare benefits; (8) denies or reduces any claim where the victim or claimant contributed to the death or injury; (9) may require the criminal by State law or rule to make restitution to the victim; and (10) does not require that any person be apprehended or convicted of the crime giving rise to the claim. Permits States with programs not in compliance with this Act to remain eligible for grants under this Act until the day after the close of the first regular State legislative session that begins after the effective date of this Act. Sets forth specified expenses that may not be included in the State program's cost of paying compensation when determining the amount of the grant for which such program is eligible. Directs the Attorney General to submit annual reports to the House and Senate Judiciary Committees with respect to each qualifying State program, and the activities of the Attorney General in carrying out this Act. Requires the Attorney General to report to Congress on the appropriateness of requiring State laws which prevent criminal wrongdoers from enjoying profits made from publicity surrounding their wrongdoing.
United States · United States Congress · 23 January 1979
Directs the Department of Commerce, in cooperation with the Department of Labor and the Department of Health, Education, and Welfare, to adopt methods for improving and expanding the collection and analysis of labor force characteristics relating to women in all occupations, especially in professional, technical, and managerial positions. Requires the Bureau of Census to provide a statistical breakdown of data relating to the employment of women equal to that provided in the case of men.
United States · United States Congress · 18 January 1979
Reduces the annuities payable to a surviving spouse over age 62 pursuant to the armed forces Survivor Benefit Plan by an amount equal to 50 percent of the amount received under title II (Old Age, Survivors, and Disability Insurance) of the Social Security Act where such benefits were calculated on the basis of the deceased's service in the uniformed services and calculated assuming that the deceased lived to age 65. Entitles certain individuals who were widowed on or before September 20, 1972, and who are not covered by the Survivor Benefit Plan, to an annuity. Directs that any individual who is entitled to retired or retainer pay and who did not elect to participate in the Survivor Benefit Plan may do so within 270 days after the effective date of this Act while continuing to participate in the Retired Serviceman's Family Protection Plan.
United States · United States Congress · 18 January 1979
Amends title XVIII (Medicare) of the Social Security Act to authorize payment for specified services performed by chiropractors, including x-rays and physical examinations, and related routine laboratory tests.
United States · United States Congress · 18 January 1979
Amends title XVI (Supplemental Security Income) of the Social Security Act to permit States to make payments to vendors of social services such as institutions, foster homes, or group living arrangements on behalf of residents of such institutions, foster homes, or arrangements as an alternative to State supplementary payments which are currently provided.
United States · United States Congress · 15 January 1979
National Ski Patrol System Recognition Act of 1979 - Grants a Federal charter to the National Ski Patrol System. Declares that the purpose of such corporation shall be to promote public safety in skiing.
United States · United States Congress · 15 January 1979
Sunset Act of 1979 - Title I: Reauthorizations of Government Programs - Sets forth a ten-year schedule for reauthorization of all Federal programs according to budget function and subfunction as set forth in the Budget of the United States Government for Fiscal Year 1979. Sets forth the procedure in the House of Representatives and the Senate for the consideration of any bill, resolution, or amendment which authorizes new budget authority. States that it is not in order for either House to consider any legislation which authorizes the enactment of new budget authority for a program for a period of more than ten years, for an indefinite period, or for any fiscal year beginning after the next reauthorization date applicable to such program. Provides that before the Congress can appropriate funds for any program, after its first reauthorization date, there must be a specific authorization in law to support the appropriation. Requires the committees of the Senate and House of Representatives to conduct a sunset review of programs during the Congress in which such programs are scheduled for review. Requires that the report accompanying such reauthorization contain specified information, and that the report be completed during the Congress in which the program is scheduled for reauthorization. Exempts from the requirements of this Act specified programs such as interest on Federal debts, health care services, general retirement and disability payments, as well as litigation activities which have as their objectives the protection and implementation of civil rights guaranteed by the Constitution of the United States and specified retirement pay and benefits. Allows the reauthorization schedule set forth in this Act to be changed by concurrent resolution of the two Houses of Congress and sets forth the procedure for such change. Requires all legislation and other matters related to changes in the dates for programs under this Act to be referred to the committee with legislative jurisdiction over any program affected by the proposal and, sequentially, to the Committee on Rules in the House of Representatives and to the Committee on Rules and Administration in the Senate. Requires such committees to report any concurrent resolution or bill referred to it by a committee of legislative jurisdiction within 30 days, with a statement on each of its recommendations. Makes provisions for any proposed change which has been reported by a committee before June 1, 1980. Title II: Program Inventory - Directs the Comptroller General and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service, to prepare an inventory of Federal programs. Declares that the purpose of such program inventory is to advise and assist Congress in carrying out the reauthorization and reexamination requirements and to link such reauthorization and review process with the budget process. Requires the Comptroller General to submit such program inventory to each House of Congress no later than January 1, 1980. Sets forth the contents of the inventory program, including the type of authorization provided for such programs' new budget authority, and the manner in which related program areas may be grouped for evaluation and review. Permits the congressional committees, the Congressional Budget Office, and the Congressional Research Service to review the program inventory and suggest revisions. Requires that the program inventory be revised at the end of each session of Congress, and that such revisions be reported to each House. Requires that periodic reports tabulate the progress of congressional action on bills and resolutions authorizing budget authority for programs in the inventory. Requires the Comptroller General and the Director of the Congressional Budget Office to submit periodic reports to the Congress on the adequacy of the functional and subfunctional categories for grouping programs of like missions or objectives. Title III: Program Reexamination - Requires each committee of the Senate and the House of Representatives to reexamine selected programs or groups of programs over which it has jurisdiction. Sets forth procedures for such review, and criteria for selection of program areas for evaluation. Directs each Senate committee to consult with the appropriate committees of either the House of Representatives or the Senate in order to achieve coordination of program reevaluation and inform itself of the related activities of or available assistance from the General Accounting Office, the Congressional Budget Office, the Congressional Research Service, the Office of Technology Assessment, and appropriate instrumentalities in the executive and judicial branches. Requires each Senate committee to deliver a report on the reexamination to the Secretary of the Senate at the date specified in the funding resolution first reported by such committee in 1981, and thereafter reported for the first session of each Congress. Allows two or more committees which have legislative jurisdiction over the same programs or portions of the same programs to examine such programs jointly and submit a joint report. Stipulates that such report: (1) contain the findings, recommendations, and justifications of the program; and (2) include specified information including, but not limited to, an assessment of the cost-effectiveness of the program and an identification of any trends, developments, and emerging conditions which are likely to affect the nature and extent of the problems or needs which the program is intended to address. Requires each executive department or agency which is responsible for a program selected for reexamination to submit a report to the Office of Management and Budget and to the appropriate committees of the Congress on its findings, recommendations, and justifications of specified aspects of the program. Title IV: Citizens' Commission on the Organization and Operation of Government - Establishes, as an independent instrumentality of the United States, the Citizens' Commission on the Organization and Operation of Government to conduct a nonpartisan study and investigation of the organization and methods of operation of all departments, agencies, independent instrumentalities, and other authorities of the executive branch of the Government, and to make such recommendations as it determines are necessary to promote economic, efficient and improved services in the transaction of public business. Requires the Commission to submit interim reports to the President and the Congress, and to submit a final report with its findings and recommendations. Requires the Comptroller General to report once a year for two years after submission of the Commission's final report on the status of actions taken as a result of the report. Specifies the composition of the 15-member Commission and sets forth the duties and powers of the Commission. States that the Commission shall cease to exist 90 days after submission of its final report. Authorizes to be appropriated until September 30, 1984, without fiscal year limitations, $4,000,000 to carry out the provisions of this Title. Title V: Regulatory Impact - Requires the President to submit, at the beginning of each of the five Congresses beginning with the 97th Congress, an analysis of the purpose, function, and efficiency of 16 specified regulatory agencies. Requires the President to submit legislative plans, based on such analyses, for the improvement of operations of such agencies. Establishes a schedule according to which plans for specified agencies will be submitted early in each of the five Congresses for which the required analyses are submitted. Directs the President, with each plan, to submit a report on the cumulative impact of government regulatory activity on specific industry groupings. Directs the Comptroller General and the Director of the Congressional Budget Office to assess each of the agencies included in the President's plans and to analyze such plans, and submit such information to the Congress. Title VI: Government Accountability - Requires the President, beginning with the first year of the 97th Congress, to submit biennially, as a part of the budget, a report on the management of the executive branch. Requires the Director of the Office of Management and Budget to provide an evaluative report on Federal programs to the President to be included with the President's report. Title VII: Miscellaneous - Amends the Budget and Accounting Act of 1921 to permit the committees of Congress to obtain from the agencies of the government estimates or requests for appropriations or requests for increases in an item of any such estimate or request, and recommendations as to how the revenue needs of the government should be met. Declares that nothing shall require the public disclosure of records which are specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and are in fact properly classified pursuant to such Executive order, or which are otherwise specifically protected by law. Provides that the committees of the Senate or the House of Representatives shall not be required to publicly disclose any such records, except as otherwise provided by the rules of either House. Sets forth administrative procedures and requirements. Directs the President, with the cooperation of the head of each appropriate agency, to submit to the Congress a "Regulatory Duplication and Conflicts Report" for all programs scheduled for reauthorization in the next Congress. Stipulates that each such report identify duplicative or conflicting rules and regulations promulgated by executive departments, independent agencies, and State and local governments and contain recommendations which address such conflicts or duplications. Defines the term "required authorization waiver resolution" for purposes of this Act. Sets forth the procedure which the chairman of the committee of the Senate or the House of Representatives having legislative jurisdiction over programs must follow in order to introduce a required authorization waiver resolution. Makes it the duty of the Committees on Governmental Affairs and on Rules and Administration of the Senate and the Committees on Government Operations and on Rules of the House of Representatives to review the operation of the procedures established by this Act and to submit a report every five years beginning December 31, 1986. Authorizes to be appropriated through fiscal year 1990 such sums as may be necessary to carry out the review requirements and for the compilation of the inventory of Federal programs.
United States · United States Congress · 15 January 1979
Authorizes the Attorney General to institute a civil action for or in the name of the United States in an appropriate district court whenever he has reasonable cause to believe that a State or its agents are subjecting persons confined in any correctional facility, juvenile correction center, mental hospital, nursing home, or facility for the mentally ill, retarded, or disabled to conditions of willful or gross neglect which deprive such persons of their Federal constitutional or statutory rights. Permits the Attorney General to intervene in any action commenced in a Federal court in which relief is sought from conditions allegedly depriving institutionalized persons in State institutions of their Federal rights. Prohibits any retaliation against individuals reporting conditions which may constitute a violation. Requires the Attorney General to report to Congress concerning actions instituted or in which the Attorney General has intervened pursuant to this Act.
United States · United States Congress · 15 January 1979
Child Care Act of 1979 - States the purposes of this Act to be to: (1) provide assistance to the States in improving the quality and coordination in child-care programs; (2) assess the need for child-care services in the Nation; (3) provide assistance to families who cannot pay the full cost of child-care services; and (4) strengthen the functioning of families by seeking to assure that parents are not forced by lack of available programs or financial resources to place a child in an undesirable facility. States that nothing in this Act shall be construed to authorize any public agency or private individual or organization to interfere with parental authority. Requires States to submit a plan to the Secretary of Health, Education, and Welfare in order to participate in the program authorized under this Act. Requires State plans to include provisions regarding: (1) the designation of a responsible State agency; (2) distribution of funds with priority to be given to child-care providers that provide priority for services on the basis of family need; (3) the establishment of fee schedules for services based on family need and size; (4) information and referral services; (5) child-care personnel training; (6) licensing of child-care providers; (7) parental involvement in the planning and evaluating of child-care programs; (8) maximum allowable administrative costs; and (9) the establishment of a State Advisory Panel to advise the State on child-care matters. Stipulates that the Secretary shall approve any plan that complies with the requirements under this Act. Requires the Secretary to first provide notice and a hearing before disapproving any State plan. Directs the Secretary to designate an administrative unit and an individual in charge of such unit within the Department of Health, Education, and Welfare to carry out the provisions of this Act and to coordinate other child-care activities within such Department. Provides for the establishment of a National Advisory Panel on Child Care Needs and Services within the Office of the Secretary of Health, Education, and Welfare. Directs the Secretary, with the assistance of the National Advisory Panel, to develop standards for programs under this Act. Authorizes the Secretary to make grants to and enter into contracts with public and private entities for innovative demonstrative child-care projects. Directs participating States to submit a report to the Secretary outlining the current status of child-care licensing within the State. Directs the Secretary to develop a Model State Licensing of Child Care Providers Act to be used by the States as a guide to improving licensing of child-care providers. Authorizes the Secretary to provide training and technical assistance to the States. Limits allotments of funds appropriated under this Act to not more than one percent for Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. Establishes an allotment priority system for the States based on the number of children living in homes in which (1) both parents are employed; or (2) the child resides with only one parent and that parent is employed. Authorizes the Secretary, after reasonable notice and opportunity for hearing, to withhold payments to any State where there has been a substantial failure to comply with requirements of such State's plan or other applicable provisions under this Act. Directs the Secretary to: (1) review and evaluate programs carried out under this Act; and (2) submit a report on national child-care needs to the President and the Congress not later than four years after enactment of this Act. Authorizes necessary appropriations for fiscal years 1980-1984 to carry out the provisions of this Act.
United States · United States Congress · 15 January 1979
Constitutional Amendment - Provides that the people of the several States, and the District constituting the seat of Government of the United States shall elect the President and Vice President. Requires each elector to cast a single vote for two persons who shall have consented to the joining of their names as candidates for the offices of President and Vice President. Requires the electors of President and Vice President in each State to have the qualifications requisite for electors of the most numerous branch of the State legislature, except that for electors of President and Vice President, the legislature of any State may prescribe less restrictive residence qualifications and for electors of President and Vice President the Congress may establish uniform residence qualifications. Provides that the pair of persons having the greatest number of votes for President and Vice President shall be elected, if such number is at least 40 percent of the whole number of votes cast. Provides that if no pair of persons has such number, a runoff election shall be held in which the choice of President and Vice President shall be made from the two pairs of persons who received the highest numbers of votes. Requires the days for such elections to be determined by Congress and to be uniform throughout the United States. Requires Congress to prescribe by law the time, place, and manner in which the results for such elections shall be ascertained and declared. Allows Congress to provide for the case of the death, inability, or withdrawal of any candidate for President or Vice President before a President and Vice President have been elected, and for the case of the death of both the President-elect and Vice President-elect.
United States · United States Congress · 30 September 1978
Urban Park and Recreation Recovery Act - Authorizes the Secretary of Housing and Urban Development to establish an urban park and recreation recovery program to provide financial assistance to local governments for rehabilitation of recreation areas and facilities and for development of improved recreation programs. Directs the Secretary to establish: (1) criteria for determining eligibility for assistance under this program; and (2) funding priority criteria for project selection and approval. Requires the Secretary to coordinate this program with the total urban recovery effort and to cooperate with other State and Federal departments and agencies which administer urban programs and policies. Authorizes the appropriation of $170,000,000 for each of the fiscal years 1979 through 1980 to carry out the purposes of this Act, such sums to remain available until expended. Prohibits the use of such funds for the acquisition of land or interests in land.
United States · United States Congress · 26 September 1978
Amends the National Housing Act to extend specified Federal Housing Administration insurance programs for 30 days. Amends the Housing and Urban Development Act of 1970 to extend for 30 days the authority for financial assistance to community development programs. Extends for 30 days the authority for the purchase of mortgages under the Emergency Home Purchase Assistance Act of 1974. Amends the National Flood Insurance Act to extend the authority: (1) to enter into new flood insurance contracts; and (2) to provide subsidized flood insurance in emergencies. Extends the authority for rural housing programs under the Housing Act of 1949. Amends the National Housing Act to extend the Federal riot reinsurance program and the Federal crime insurance program for 30 days.
United States · United States Congress · 19 September 1978
Amends Title XVI (Supplemental Security Income) of the Social Security Act to permit States to make payments to vendors of social services such as institutions, foster homes, or group living arrangements on behalf of residents of such institutions, foster homes, or arrangements as an alternative to State supplementary payments which are currently provided.
United States · United States Congress · 13 September 1978
Small Business Nonprofit Patent Procedures Act - States that it is the objective of this Act to amend existing patent procedures to promote the marketing of inventions developed under federally supported research and development projects by nonprofit organizations and small business firms. Permits any such organization or firm to elect, within a reasonable amount of time, to retain title to such inventions. Authorizes Federal agencies which have supported such projects to retain title to inventions in specified circumstances. Requires any funding agreement between a Federal agency and a small business firm or nonprofit organization to contain provisions: (1) to insure the rights of the Federal Government under this Act; (2) to provide that the agency shall have a nonexclusive, nontransferable, irrevocable and paid-up license to use the invention; (3) to prohibit a nonprofit organization from assigning rights to the invention without the approval of the Federal agency; (4) to prohibit such an! organization from granting exclusive rights from the earlier of five years from the first commercial use of the invention or eight years from the date of invention; and (5) to require such organizations to use their royalties and earnings to support scientific research or education. Authorizes a Federal agency to transfer or assign its rights, acquired from an agency employee as coinventor, to an inventor electing to acquire title to an invention. Empowers any Federal agency to require inventors or their assigns to grant licenses in order to: (1) achieve practical application of the invention in its field of use; (2) alleviate health or safety needs; and (3) meet requirements for public use specified by Federal regulations. Entitles the government to collect up to 50 percent of all net income above specified amounts received by a patent holder until government research funds have been repaid. Restricts the assignment and licensing of rights by patent holders to foreign owned or controlled firms. Authorizes Federal agencies to exempt reports of inventions from disclosure pursuant to the Government in the Sunshine Act. Specifies the authority of Federal agencies with respect to obtaining patents, promoting licensing of inventions, granting licenses, conducting market surveys, transferring custody of patents, and receiving funds. Authorizes the Secretary of Commerce to coordinate a program for assisting Federal agencies in protecting and licensing federally-owned inventions. Authorizes the Administrator of General Services to promulgate regulations specifying the terms upon which any federally-owned invention may be licensed. Directs that small business firms receive first priority in such licensing. Sets forth the procedure whereby Federal agencies may grant exclusive or partially exclusive licenses in any invention covered by a federally-owned domestic patent or patent application. Declares that this Act shall take precedence over any other Act in the disposition of inventions.
United States · United States Congress · 23 August 1978
Directs the Secretary of the Treasury to pay a specified sum to a certain individual in full settlement of such individual's claims against the United States.
United States · United States Congress · 17 August 1978
Community Mental Health Assistance Act - Amends Title XVIII (Medicare) of the Social Security Act to include among the services provided under such Title: (1) outpatient services by community mental health centers for up to ten visits per year; and (2) partial hospitalization services by a community mental health center for up to 60 visits per year. Stipulates that the 190 days of inpatient psychiatric hospital services to which an individual is entitled under Title XVIII during a lifetime shall be reduced by one day for every three partial hospitalization visits to a community mental health center. Sets forth the conditions of and limitations on payments for community health center services, including criteria for utilization review plans of community mental health centers and transfer agreements between hospitals and community mental health centers. Amends the Railroad Retirement Act of 1974 to include among the benefits which may be provided under such Act partial hospitalization services and outpatient services furnished by a community mental health center.
United States · United States Congress · 17 August 1978
Capital Availability for Higher Education Amendments - Amends the Higher Education Act of 1965 to raise the limit from $2,500 to $3,500 on federally insured loans per academic year to undergraduate students, and to raise from $7,500 to $10,500 the total amount of such loans per undergraduate student. Authorizes eligible lenders to elect to have such loans collected by the Federal Government through the Secretary of the Treasury and the Commissioner of Education. Establishes guidelines and requirements for such program, including the deduction and withholding of wages by employers of student borrowers. Establishes the Guaranteed Student Loan Fund in the United States Treasury to repay to lenders funds withheld from the wages of borrowers. Establishes an advisory panel to consider questions relating to such federally insured higher education loans.
United States · United States Congress · 8 August 1978
Amends the Internal Revenue Code to allow a one-time tax exclusion of up to $100,000 of the gain from the sale or exchange of a property used by a taxpayer as his principal residence for at least two years during the three year period prior to the date of the sale or exchange.
United States · United States Congress · 3 August 1978
Authorizes the Secretary of Defense to provide transportation to the Girl Scouts of the United States to international world friendship events or troops on foreign soil meetings which occur outside the United States. Requires the Girl Scouts to reimburse the Government for the actual cost of such transportation.
United States · United States Congress · 31 July 1978
Waives certain requirements of the Congressional Budget Act of 1974 with respect to the consideration of H. R. 11567 (Securities and Exchange Commission authorization).
United States · United States Congress · 20 July 1978
Authorizes Senator Harrison A. Williams, Jr., as Chairman of the Committee on Human Resources, in response to a request by the Attorney General of the United States, to furnish the Attorney General documents, work papers, financial records, and other similar papers in the possession of the Committee collected between 1971 and 1975, and relating to the investigation of health maintenance organizations in the State of California.