United States · United States Congress · 16 September 1980
Strategic Petroleum Reserve Management Improvement Act of 1980 - Amends the Energy Policy and Conservation Act to establish a nonprofit corporation, the Strategic Petroleum Reserve Corporation, to exercise authority over the Reserve (currently exercised by the Strategic Petroleum Reserve Office). Requires the Corporation to have a Board of Directors. Applies specified provisions of the Department of Energy Organization Act to the Corporation, the Board, and its officers and employees. Directs the President of the Corporation to conduct a study and report to Congress on financing the acquisition of crude oil for storage in the Strategic Petroleum Reserve by methods other than directly purchasing crude oil with appropriated funds. Sets forth elements to be included in such study. Terminates all authority for the Strategic Petroleum Reserve and any regulation issued pursuant to such authority on September 30, 2000. Repeals references to the Early Storage Reserve Plan. Declares that the Strategic Petroleum Reserve Plan shall store a specified amount of crude oil by December 31, 1987.
United States · United States Congress · 9 September 1980
Amends the Internal Revenue Code to allow an income tax deduction for expenses incurred in the rental of a dwelling unit as a residence to a member of the taxpayer's family. Provides that this Act shall apply to taxable years beginning after December 31, 1975.
United States · United States Congress · 4 September 1980
Establishes the United States Holocaust Memorial Council which shall: (1) provide and encourage appropriate ways for the Nation to observe the Days of Remembrance to commemorate the holocaust; (2) plan, erect, and oversee the operation of a memorial museum to the victims of the holocaust; and (3) develop a plan for carrying out the recommendations of the report submitted to the President on September 27, 1979, by the President's Commission on the Holocaust. Authorizes the Council to receive public land in the District of Columbia on which it may erect the memorial. Terminates the Council's authority to construct a memorial if the erection of the memorial has not commenced within five years of enactment of this Act and sufficient funds to ensure completion of the memorial have not been certified to be available. Authorizes appropriations to carry out this Act.
United States · United States Congress · 20 August 1980
Declares that the people of Poland should be allowed to settle their own affairs, including the formation of independent trade unions and the right to strike, without foreign interference.
United States · United States Congress · 19 August 1980
Community and State Energy Planning Assistance Act of 1980 - Title I: Community Energy Planning Assistance - Authorizes the Secretary of Energy to make a grant to any unit of local government (or a combination of such units) for up to 80 percent of the costs of preparing a local energy plan. Requires such a plan to: (1) provide for energy conservation; (2) encourage the use of renewable resources; (3) result in a combination of such conservation or renewable resource usage; (4) include recommendations for conservation of energy used in local governmental buildings; and (5) provide for coordination with Federal and State energy use and conservation programs, activities, and objectives. Sets forth provisions pertaining to applying for such a grant, and in addition, provisions pertaining to public comment, the contents of the application, and application approval. Authorizes the Secretary to make a grant to any unit of local government (or a combination of such units) of up to 50 percent of the reasonable cost of implementing a local energy plan, whether or not the plan was prepared pursuant to a grant as described in this Act, if such plan is approved by the Secretary and the grant application contains the following information: (1) a copy of the plan; (2) a commitment to continue the plan after termination of the grant; (3) the source of non- grant funds; (4) evidence of the practicability of the plan; (5) public comments on the plan; and (6) other information as required. Directs the Secretary to give priority to those grant applications for implementing plans which: (1) produce the greatest energy conservation; (2) require the least amount of public subsidy after the grant; and (3) can be replicated. Authorizes appropriations for this title for fiscal years 1982, 1983, and 1984. Directs the Secretary to allocate amounts under this title as follows: (1) 80 percent based on considerations of State population and climate; (2) ten percent based on the availability and cost of fuel or other energy consumed; and (3) ten percent to hardship cases. Prohibits a community from concurrently receiving a planning and an implementation grant. States that nothing in this title shall be construed to authorize funds for research or development. Directs the Secretary to report annually to Congress concerning actions taken under this title. Title II: Improvements In Administration of Existing State Energy Planning Programs - Authorizes a State to submit an annual consolidated application requesting financial assistance under the Energy Policy and Conservation Act. Title III: State Long-Range Energy Plans - Authorizes the Secretary to make a grant to any State for up to 50 percent of the costs of preparing, modifying, or administering a State long-range energy plan. States that such a plan is one approved by the Governor which contains: (1) an estimate of the State's energy supply and demand; (2) a description of the types of energy use affected by the plan; (3) a description of the programs the State proposes to achieve its energy objective; and (4) a description of the ways in which the State will monitor and assess progress in meeting such objectives. Requires a State in developing a long-range energy plan to consider: (1) programs by natural gas utilities and by electric utilities regulated by the State to promote energy conservation and the use of renewable resources; (3) measures designed to conserve energy used for transportation; and (4) other programs to promote energy conservation and the use of renewable resources. Sets forth provisions pertaining to applying for such a grant, and in addition, provisions pertaining to public comment and application approval. Authorizes appropriations for the purposes of this title for fiscal years 1982, 1983, and 1984. Provides for the allocation of grant funds among the States. States that nothing in this title shall be construed to authorize funds for research or development.
United States · United States Congress · 27 June 1980
Amends the Internal Revenue Code to provide homebuilders with an income tax credit for the construction of residences which incorporate a passive solar energy system. Directs the Secretary of the Treasury, after consultation with the Secretaries of Energy and Housing and Urban Development, to prescribe regulations setting forth a solar construction credit table for purposes of determining the amount of the credit for which the incorporator of the solar energy system is eligible. Limits the dollar amount of such credit to $2,000 for calendar years prior to 1986 and phases out the amount of the credit by $500 decrements until 1989 when such credit terminates. Defines "passive solar energy system" as a system which contains a solar collection area, an absorber, a storage mass, a heat distribution method, and heat regulation devices. Requires such system to be installed in a new residence after September 30, 1980 and before January 1, 1989.
United States · United States Congress · 29 May 1980
Extends the congratulations of the House of Representatives to members of the 1980 handicapped Olympic team and recognizes specified organizations for their efforts in producing the second winter Olympics for the physically handicapped.
United States · United States Congress · 1 May 1980
Corrupt Horseracing Practices Act of 1980 - Prohibits the following conduct with respect to horseracing: (1) the entering of a horse in a race by its owner or trainer who knows or should know that the horse is drugged or numbed; (2) the drugging or numbing of a horse with reason to believe that it will compete in a race; and (3) the willful failure by the operator of a horseracing facility to disqualify or prohibit a horse from racing if such individual has been notified in accordance with this Act that such horse is drugged or numbed, was not available for testing, or has been suspended from racing. Sets forth the penalties for such acts, and provides increased penalties for second offenses, use of a dangerous weapon in committing such offenses, and the interference with duties or the falsification of records required by this Act. Provides for the disqualification of offenders from horseracing activities and the suspension of a drugged or numbed horse from racing, in accordance with specified procedures. Grants the Administrator of the Drug Enforcement Administration certain investigatory and other powers with respect to such offenses. Requires operators of horseracing facilities to comply with recordkeeping requirements established by the Administrator and to furnish testing space and facilities. Directs the Administrator to: (1) exempt from this Act any State which has enacted a comparable program; and (2) submit biennial reports to Congress on matters covered by this Act. Authorizes appropriations through fiscal year 1980 to carry out this Act. Permits the Administrator thereafter to assess fees upon operators of horseracing facilities to meet the costs of this Act. Amends the Federal criminal code to include the offenses of this Act in the existing prohibition against interstate and foreign commerce in aid of racketeering enterprises.
United States · United States Congress · 24 April 1980
Establishes a presumption of service-connected disability caused by exposure to a phenoxy herbicide (Agent Orange) for veterans who served in Southeast Asia during the Vietnam era. Waives the one-year limitation on claims for compensation for such disabilities.
United States · United States Congress · 16 April 1980
Directs the President to utilize the forum of the Venice Economic Summit to urge the development of an International Code of Business Conduct. Expresses the sense of Congress that the President should negotiate and report to Congress concerning agreements to establish standards of ethical and equitable conduct of international business and mechanisms to resolve problems. Requires the Joint Economic Committee to report to Congress concerning its recommendations regarding such negotiations.
United States · United States Congress · 2 April 1980
Directs the Secretary of Health, Education, and Welfare to carry out a study of the possible relationship between exposure of military personnel to radiation in Hiroshima and Nagasaki immediately after World War II and any health problems they may presently have. Requires the Secretary to report to Congress and the Veterans Administration regarding such study.
United States · United States Congress · 2 April 1980
Directs the Secretary of Health and Human Services (formerly, the Secretary of Health, Education, and Welfare) to conduct a clinical investigation of the safety and efficacy of dimethyl sulfoxide as a drug to be used by persons with arthritis.
United States · United States Congress · 26 March 1980
Infant Formula Act of 1980 - Amends the Federal Food, Drug, and Cosmetic Act to set forth requirements for infant formulas. States that formulas which do not conform to such requirements shall be deemed to be adulterated. Permits the Secretary of Health and Human Services (formerly, the Secretary of Health, Education, and Welfare) to revise such requirements and establish quality control procedures. Requires each manufacturer of an infant formula to notify the Secretary whether the formula as processed meets such requirements and of any changes in such formula or its processing. Requires a processor who has information that any infant formula leaving his or her control may be adulterated or misbranded to promptly notify the Secretary. Sets forth reporting and recordkeeping requirements respecting the distribution of such formula as may be necessary to effect and monitor recalls. Directs the Secretary to prescribe the scope and extent of such recalls. Exempts infant formulas represented and labelled for use by infants having unusual medical or dietary problems from the specified nutrient requirements of such Act. Permits the Secretary to establish terms and conditions for the exemption of other infant formulas from such requirements. Grants an inspector enforcing the provisions of this Act access to specified records of the manufacturer at all times. Makes the failure to submit required reports or to provide required notice prohibited acts under the Federal Food, Drug, and Cosmetic Act.
United States · United States Congress · 25 March 1980
Foreign Language and International Studies Incentive Act - Amends the National Defense Education Act of 1958 to direct the Secretary of Education to establish a program of making grants to institutions of higher education to promote student enrollment in foreign language and international studies. Requires that such grants be applied to the tuition and fees charged to students in qualified programs, in amounts per academic year of up to $1,000 for a student in an advanced program and up to $500 for a student in a preliminary program. Sets forth priority categories for awarding students such grants. Authorizes appropriations to carry out this Act for fiscal years 1981 through 1986.
United States · United States Congress · 25 March 1980
Rescinds $229,000,000 in appropriations provided for the purchase of furniture by Federal agencies and departments in fiscal year 1980. Requires the Director of the Office of Management and Budget to allocate such rescission among the agencies and departments and to report to the Committees on Appropriations of the House of Representatives and the Senate concerning the allocation. Rescinds $15,000,000 in appropriations made to the Federal Buildings Fund for the rental of space in fiscal year 1980.
United States · United States Congress · 27 February 1980
Municipal Waste-to-Energy Act of 1980 - Title I: Research, Development and Demonstration - Requires the Director of the Office of Urban Waste Energy Management (established under this Act) to establish, conduct, and promote an accelerated research, development, and demonstration program for the recovery of energy from municipal wastes. Directs the Director to provide financial assistance in the form of grants, contracts, price supports, purchase guarantees, loan guarantees and cooperative agreements, or any combination thereof, to public or private entities to support the cost of planning, designing, constructing, operating, and maintaining experimental and demonstration facilities and modifications of existing facilities for demonstration purposes, for the conversion of municipal wastes into energy, or for the recovery of materials. Requires that such program be designed to achieve its goals within ten years after enactment of this Act. Amends the Federal Nonnuclear Energy Research and Development Act of 1974 to extend the financial support program to include public and private entity waste reprocessing demonstration facilities. Authorizes appropriations for fiscal year 1982 to carry out this title. Title II: Commercialization - Requires the Director to establish a program of financial assistance for commercial-scale projects designed for the conversion of municipal wastes into energy or the recovery of materials, including, in decreasing order of priority, price and loan guarantees, loans, and grants. Stipulates that such assistance shall be made to supplement but not to compete with nor supplant any private capital investment under authority of any other Federal law. Directs the Director to establish internal procedures, standards, and criteria for the timely review of compliance with such requirement of each new award of assistance for a specific proposed municipal waste processing project. Limits such financial assistance to a maximum of 75 percent of the total capital cost of that project. Prohibits any project receiving such assistance from thereafter being eligible for such assistance. Requires that any specific tax credit directly associated with such projects be considered in determining the need for financial assistance awarded under this title. Limits the amount of loans entered into for such projects to a maximum of 49 percent of the total capital costs of the project, unless the Director determines that such limit would prevent the financial viability of the proposed project. Sets forth requirements concerning the Director's authority to enter into, or make, such loans, loan guarantees, price guarantees, and grants. Directs the Director to conduct economic analyses of municipal waste-to-energy conversion technologies in other countries for publication and dissemination. Authorizes appropriations for fiscal year 1982 to carry out this title. Title III: General Provisions - Amends the Department of Energy Organization Act to establish an Office of Urban Waste Energy Management within the Department of Energy to perform the research, development, demonstration, and commercialization activities authorized under this Act. Directs the Director of such Office to prepare a program and management plan for such activities and to transmit such plan to specified congressional committees. Requires the Director to annually submit to the Congress a detailed description of such plan as in effect, with proposed modifications as necessary. Requires the Director to support science and engineering education programs to provide trained personnel to perform the activities required under this Act. Directs the Administrator of the Environmental Protection Agency, the Secretary of Commerce, and other appropriate agency heads to cooperate with the Director in carrying out duties under this Act and to provide the Director with information in their possession which is necessary for such purposes. Requires the Director to assure the full and complete dissemination of information concerning any project or other activity conducted under this Act to Federal, State, and local authorities, relevant segments of the economy, the scientific community, and the public in order to promote the early, widespread, and practical use of municipal waste-to-energy technologies. Directs the Director, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Commerce, to prepare and transmit to the Congress a report analyzing and assessing legal impediments and other barriers to the development and application of such technologies. Sets forth the components of such report. States that amounts received by the Director as repayment of loans made under this Act and other specified amounts shall be deposited in the Federal Treasury as miscellaneous receipts.
United States · United States Congress · 25 February 1980
Swine Health Protection Act - Prohibits the feeding, or the permission to feed, of garbage to swine unless such garbage has been treated to kill disease organisms, in accordance with regulations issued by the Secretary of Agriculture, at a facility holding a valid permit issued by the Secretary (or the chief agricultural or animal health official of a State with an agreement with the Secretary). Exempts waste from ordinary household operations which is fed directly to swine on the same premises as the household from coverage as "garbage" under this Act. Requires persons operating a garbage-treatment facility who know such garbage is to be fed to swine to hold a valid permit issued under this Act. Provides for the issuance, suspension, and revocation of such permits. Requires that such facilities, to be issued such permits: (1) meet requirements prescribed by the Secretary to prevent the introduction or dissemination of any infectious or communicable disease of animals or poultry; and (2) be so constructed that swine are unable to enter the premises or have access to untreated garbage or material coming in contact with such garbage. Sets forth civil and criminal penalties for violations of this Act. Provides for general enforcement of this Act by the Attorney General, upon the request of the Secretary, in U.S. district courts. Provides for cooperative agreements with State agencies for coordination of enforcement, administration, and regulation under this Act and under State law. Specifies that nothing in this Act shall be construed to repeal or supercede any State law prohibiting the feeding of garbage to swine. Authorizes appropriations necessary to carry out this Act.
United States · United States Congress · 25 February 1980
Amends the Export Administration Act of 1979 to prohibit the export of goods, the sales of which are prohibited or restricted in the United States pursuant to specified public health and safety laws, unless specified conditions are met. Authorizes the Secretary of Commerce to issue export licenses permitting the export of such goods if: (1) all statutory requirements are met; (2) the Secretary and the head of the agency regulating the sale of such good in the United States concur that (a) the country has requested such export, (b) the country has been fully informed of any U.S. restrictions and possible hazards, and (c) the potential benefits outweigh the possible hazards; and (3) the sale in the importing country would be subject to restrictions comparable to those imposed in the United States. Requires such exported goods to include all information required by U.S. law. Prohibits the export of such goods if such information is likely to be ineffective. Prohibits the export of any good to be used in manufacturing prohibited goods.
United States · United States Congress · 11 February 1980
Campaign Contributions Utilization Reform Act of 1980 - Permits a candidate for Federal office or a person holding Federal office to transfer contributed funds to any political party committee. Prohibits the personal use of such funds. Prohibits a person holding office from using such funds to defray office expenses.
United States · United States Congress · 31 January 1980
Establishes a Commission on More Effective Government to study and recommend ways of promoting economy, efficiency, and improved service within the Federal Government. Directs the Commission to recommend methods to improve the relationship between Federal, State, and local governments. Provides for the appointment of members of the Commission by the President, the Speaker of the House of Representatives, and the President pro tempore of the Senate. Sets forth provisions governing the organization and compensation of the Commission and its staff. Empowers the Commission to establish advisory councils and committees as it deems appropriate without regard to the provisions of the Federal Advisory Committee Act. Sets forth the powers of the Commission enabling it to gather information free from subsequent review or comment by any Federal agency. Directs the Commission to submit its final report to the Congress ten days after the Ninety-eighth Congress convenes. Terminates the Commission 90 days after such date. Authorizes the appropriation of funds necessary to carry out this Act.
United States · United States Congress · 30 January 1980
Vietnam Era Veterans Agent Orange Act - Establishes a presumption of service-connected disability for certain diseases arising in Vietnam-era veterans (and for birth defects in their children) exposed to agent orange.
United States · United States Congress · 30 January 1980
Amends the Federal Election Campaign Act of 1971 to prohibit any Member of Congress from using funds received as contributions to pay personal expenses.
United States · United States Congress · 30 January 1980
Expresses appreciation to Canada for: (1) its historic close relations and cooperation with the United States in conducting foreign policy; (2) its support for U.S. efforts to obtain the safe release of the hostages in Iran; and (3) its efforts to protect and arrange the safe departure of certain U.S. citizens from Iran.
United States · United States Congress · 29 January 1980
Establishes the Lake Tahoe National Scenic Area, in the States of California and Nevada, to be administered by the Secretary of Agriculture in accordance with the provisions of this Act and, in the case of national forest land within such scenic area, in accordance with the laws applicable to the national forests. Directs the Secretary to prepare a plan which shall contain such standards and describe such programs as the Secretary considers appropriate to carry out the purpose of this Act. Requires the Secretary, before adopting any such plan, to: (1) publish a proposed plan which shall be available to the public; and (2) hold at least two public hearings within the scenic area regarding the proposed plan. Directs the Secretary to adopt, within two years after the date of enactment of this Act, a final "Lake Tahoe National Scenic Area Plan". Directs the Secretary, as soon as possible after the date of enactment of this Act, to promulgate regulations which distinguish between the types of activities which shall be deemed to have a potentially significant impact on the scenic area and those activities which do not. Requires any State or local governmental entity which has authority to issue any permit, variance, license, or other type of approval for any activity which is deemed to have a potentially significant impact on the scenic area to provide prompt notice to the Secretary of any determination made by such entity to: (1) approve an application; or (2) carry out such activity (in the case of activities conducted directly or indirectly by the State or local government). Prohibits any such permit, variance, license, or other type of approval from becoming effective unless, within a 60 day period after such entity has submitted notice to the Secretary, the Secretary has issued a written approval of the activity. Allows any permit, variance, license, or other type of approval for an activity which is deemed not to have a potentially significant impact on the scenic area to become effective 10 days after approval is made, unless, during such time, any interested party submits a written petition to the Secretary appealing the approval. Sets forth specified actions that the Secretary shall take to ensure that certain Federal funds and permits are not made available to any State or local governmental entity having jurisdiction within the scenic area if the Secretary determines that such governmental entity has failed to: (1) establish regulations or laws consistent with the standards specified in the plan within one year after any such standards have been adopted by the Secretary; (2) interpret such regulations or laws in a manner consistent with the plan; or (3) notify the Secretary of applications for building or sewer permits or zoning variances within the scenic area. Allows the Secretary to charge user fees for use of the scenic area. Establishes in the Treasury of the United States a Lake Tahoe National Scenic Area fund which shall be available to the Secretary for the purpose of implementing this Act. Permits the Secretary to acquire by donation, purchase with donated or appropriated funds, exchange, condemnation, or otherwise any property, or interest therein, within the scenic area. Limits acquisition by condemnation to specified conditions. Allows the Secretary to establish a Lake Tahoe National Scenic Area Advisory Commission to insure public participation in the preparation and implementation of the plan. Declares that nothing contained in this Act shall effect any right of the States of California or Nevada, or any political subdivisions thereof, to: (1) exercise civil or criminal jurisdiction within the scenic area; (2) levy taxes on any persons or property within the scenic area; or (3) adopt and enforce any standards or requirements for the protection of scenic resources or environmental quality within the scenic area. Provides for the mitigation of local revenue losses due to an increase in property taxes on properties remaining in private ownership within the scenic area. Provides for judicial review of any final action or order of the Secretary under this Act. Repeals the Act consenting to the Tahoe regional planning compact approved December 18, 1969, effective upon the date of the adoption of the plan by the Secretary.
United States · United States Congress · 20 December 1979
Provides for an exemption from the windfall profits tax for independent oil producers for an amount equal to 1,000 barrels of crude oil multiplied by the number of days in the taxable period.
United States · United States Congress · 20 December 1979
Establishes in the House of Representatives and under the direction of the Committee on House Administration a Congressional Child Care Center to provide child care services for children of Senators, Representatives, and congressional employees. Requires all operating expenses of the Center to be recovered through the fees charged for child care services provided by the Center. Directs the chairman of the Committee on House Administration to appoint a nonpartisan advisory board to make recommendations to the Committee with respect to matters relating to the Center and to conduct semiannual reviews of the operations of the Center and submit a written report of each such review. Establishes in the Department of the Treasury a revolving fund within the contingent fund of the House of Representatives to be known as the Congressional Child Care Center Revolving Fund. Authorizes the Committee on House Administration to acquire such facilities as may be necessary for the operation of the Center.
United States · United States Congress · 19 December 1979
Veterans Administration Adjudication Procedure and Judicial Review Act - Title I: 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 an approximate balance of positive and negative evidence exists 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. 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. Directs the Administrator to conduct a study of two alternate claims resolution methods, one a new intermediate-level adjudication process, the other an enhanced schedule of formal Appeals Board hearings. 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 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (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. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. 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.
United States · United States Congress · 13 December 1979
Telecommunication Act of 1979 - Amends the Communications Act of 1934 to declare that it is the purpose of such Act to: (1) assure that all the people of the Nation have available, at reasonable and affordable rates, domestic telecommunications services and facilities; and (2) assure that the people, economy, and general welfare of the Nation will benefit from continuing improvements in telecommunications technology. Declares that the Federal Communications Commission shall exercise regulatory authority to the extent necessary to carry out the purposes of this Act. Allows the Commission to take any action as may be necessary to assure that the costs of the competitive activities of carriers are not borne by the users of noncompetitive services or facilities of such carriers. Defines, for the purposes of this Act, the term "interexchange telecommunications service" as the provision of telecommunications service between local exchange areas, including the local distribution of interexchange telecommunications by means other than intraexchange telecommunications facilities. Defines the term "intraexchange telecommunications service" as the provision of telecommuncations service between points within a single local exchange area. Authorizes the Commission to: (1) carry out the provisions of this title with respect to any carrier which furnishes telecommunications services or makes available telecommunications facilities, or both, between local exchange area; (2) establish and administer rules and regulations applicable to the interconnection of the facilities of interexchange telecommunications services through interconnnection with the facilities of intraexchange carriers; (4) review, approve, disapprove, or modify request for the pooling of revenues by interexchange carriers and intraexchange carriers; and (5) administer the National Telecommunications Pool, upon the termination of the transitional joint board established by this Act. Requires the State communications commission of each State, not later than one year after the date of enactment of this Act, to establish boundaries for local exchange areas in such State. Declares that, subject to the authority of the Federal Communications Commission, the State shall exercise exclusive regulatory authority with respect to any telecommunications service to the extent such service originates and terminates in any such local exchange area. Declares that no interexchange carrier, other than any carrier classified as a dominant carrier by the Commission, shall be subject to any regulatory authority of the Commission, except that the Commission shall: (1) have authority to require the payment of an intraexchange access fee by any interexchange carrier for interconnection with the facilities of any intraexchange carrier; (2) have authority to establish standards to promote the national defense and security and the emergency preparedness of the Nation; and (3) require, and provide for the regulation of basic telecommunications service so that such service is available at reasonable and affordable rates. Requires the Commission, in accordance with the provisions set forth in this Act, to classify interexchange carriers according to whether each such carrier is a dominant carrier. Declares that a dominant carrier shall not be subject to any regulatory authority of the Commission in connection with the offering of any telecommunications service (other than basic telecommunications service) in a particular market or submarket if such dominant carrier: (1) establishes a fully separated subsidiary, in accordance with the Act, to offer such service in such market or submarket; and (2) utilizes a cost accounting system designated to ensure that the costs of such fully separated subsidiary are not subsidized by revenues of such dominant carrier from telecommunications services or facilities which are subject to the regulatory authority of the Commission or the State communications commmission. Sets forth the requirements applicable to the furnishing of telecommunications services or facilities by dominant carriers and by intraexchange carriers. Declares that any dominant carrier which is subject to any consent judgement or decree entered into before the date of enactment of this Act, and any company or other business organization affiliated with such carrier, may provide any service, facility, or product which is not subject to the regulatory authority of the Commission or to the regulatory authority of any State Commission and which is: (1) a telecommunications service, facility, or product; or (2) a service, facility, or product which is incidental to telecommunications. Grants the Commission, in disputed cases, the authority to determine whether any service, facility, or product is incidental to telecommunications. Establishes a transitional joint board for the purpose of: (1) providing for an orderly transition to the system of intraexchange access fees established by this Act; (2) ensuring equitable economic treatment of subscribers to basic telecommunications service, and of competing interexchange carriers; and (3) ensuring equitable treatment of terminal equipment and related facilities in use on the date of enactment of this Act, and ensuring the continued availability of such equipment and related facilities to customers. Declares that the authority of the transitional joint board with respect to the functions established by this Act shall supersede the authority of any joint board in existence on the date of enactment of this Act. Declares that the transitional joint board shall have the authority to perform such acts, to establish such rules and regulations, and to issue such orders as are consistent with the provisions of this Act and as may be necessary to carry out its functions. Requires such board to submit annual reports to each House of Congress with respect to its activities. Terminates the transitional joint board at the end of the 45-month period following the date of enactment of this Act. Transfers the functions and duties of such board, upon its terminaton, to the Commission. Establishes a system of intraexchange access fees for the use of intraexchange telecommunications services by interexchange carriers and other customers in order to achieve specified functions. Requires each intraexchange carrier, with specified exceptions, to submit to the Commission a schedule of fees for the use of its telecommunications services or facilities by all interexchange carriers and other customers which use the facilities of such intraexchange carrier through interconnection with such facilities. Directs the Commission to approve, disapprove, or modify any such schedule of fees to ensure that such fees are consistent with the provisions of this Act. Establishes a Natonal Telecommunications Pool which shall be administered by the transitional joint board, until the termination of such board, at which time the Pool shall be administered by the Commission. Requires intraexchange access fees, in such amounts as may be allocated by the transitional joint board, to be deposited into the National Telecommunications Pool to be disbursed by such board in order to ensure the alleviation of the effects of any substantial or undue increases in charges for intraexchange or interexchange telecommunications services or facilities. Requires each dominant carrier or other interexchange carrier to maintain a system of accounting methods, procedures, and techniques which shall be established by the Commission to ensure a proper allocation of costs to, and among, various telecommunications services, facilities, and products which are offered by such carrier or any affiliate of such carrier and are subject to the regulatory authority of the Commission. Requires the Commission to submit an interim report to each House of Congress, not later than 18 months after the date of enactment of this Act, including a summary of action taken by the Commission to establish such accounting system. Requires the Commission to submit a final report to Congress as soon as practicable after the establishment of such accounting system. Allows any carrier, with specified stipulations, to engage in any meeting with any other carrier for purposes of planning or agreeing to: (1) the design, plan, construction, and maintenance of any network of telecommunications services or facilities; (2) the development of technical standards applicable to such services and facilities; and (3) any tariff for the provision of joint and through services. Requires a transcript of such meeting to be filed immediately with the Commission and to be available at the offices of the Commission for public inspection not later than 30 days after the meeting involved is conducted. Authorizes the President to require any carrier subject to the provisions of this Act to furnish telecommunications services or facilities to any Federal agency if the President determines that: (1) the provision of such services or facilities is necessary to promote the national defense and security or the emergency preparedness of the Nation; and (2) all other means of obtaining such services and facilities have been exhausted. Declares that the provisions of the Act relating to payment for such services shall apply if such a determination is made by the President. Declares that nothing in this Act shall be construed to affect in any manner the applicability of the Federal antitrust laws, or to express in any manner the sense of the Congress with respect to any litigation which is pending on the date of enactment of this Act.
United States · United States Congress · 6 December 1979
Requests the Secretary of Agriculture, in cooperation with the Secretary of Health, Education, and Welfare, to develop a plan for local nutrition monitoring including: (1) the identification of priority target areas; (2) the development of a structure for monitoring specified regions; and (3) the choice of methodology and a timetable.
United States · United States Congress · 16 November 1979
Amends the Administrative Procedure Act to require Federal agencies to provide general notice of, and an opportunity for public participation in, rulemaking proceedings concerning public property, loans, grants, benefits, or contracts.
United States · United States Congress · 13 November 1979
Expresses the sense of Congress that the President should terminate all military training of Iranian personnel pursuant to sales under the Arms Export Control Act.
![Official portrait of Sen. Wirth, Timothy [D-CO]](https://www.congress.gov/img/member/w000647_200.jpg)