United States · United States Congress · 23 January 1979
Declares the public policy of the United States to prohibit the manufacture, sale, interstate shipment, and use of leg-hold and steel-jaw traps in the United States and abroad. Prohibits the shipment into interstate or foreign commerce of fur or leather products which come from animals trapped in any State or foreign country which has not banned such traps. Requires the Secretary of Commerce to publish a list of States and foreign countries which have not banned the manufacture, sale, and use of leg-hold and steel-jaw traps. Sets forth penalties for violations of this Act.
United States · United States Congress · 23 January 1979
Medicare Reform Act of 1979 - Amends title XVIII (Medicare) of the Social Security Act to remove the 100 visit limitation presently applicable to home health care services under such title. Eliminates prior hospitalization as a condition of eligibility for home health care services under part A (Hospital Insurance Benefits for the Aged and Disabled) of such title. Eliminates confinement to home as a requirement for receiving home health care services under part B (Supplementary Medical Insurance Benefits for the Aged and Disabled) of such title. Includes "periodic chore services" within those home health services for which payment may be made under the supplementary medical insurance program. Eliminates the requirements that the months be consecutive in the 24-month Medicare waiting period for railroad retirement disability beneficiaries or old-age, survivors, and disability insurance beneficiaries who are disabled to be eligible for Medicare hospital care benefits. Eliminates payment of the $60 deductible under the Medicare program. Allows reimbursement under the Medicare program for services furnished in qualified community mental health centers and comprehensive outpatient rehabilitation centers. Authorizes payment under the Medicare program for: (1) occupational therapy services; (2) the removal of corns; warts and calluses on the feet; (3) all services of a doctor of dentistry for which such doctor is legally authorized to perform; and (4) eyeglasses, hearing aids and dentures; and examinations for the purpose of prescribing such articles.
United States · United States Congress · 22 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. Amends such Act to require 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 than under the current methodology. Requires the Secretary of Commerce to reallocate any undistributed excess amounts among the States and local governments proportionately. 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 proportionately. Requires local governments receiving supplementary fiscal assistance to comply with those provisions applicable to antirecession fiscal assistance.
United States · United States Congress · 18 January 1979
Wildlife on Federal Lands Trapping Act of 1979 - Requires the Secretary of the Interior to issue such regulations relating to trapping as are necessary to carry out the purposes of this Act. Prohibits the Secretary from approving any type of trap unless such trap utilizes the most humane capture method available for the species concerned, and minimizes the probability of capturing species for which such trap was not intended. Directs the Secretary to undertake a research program to develop such types of traps. Establishes an advisory commission to make recommendations to the Secretary with respect to traps designed or intended for use. Prohibits the Secretary from permitting trapping on Federal lands where such trapping may reduce any species below specified levels. Sets forth a procedure for the application and issuance of trapping permits. Requires the attachment of a shipping certificate to any package containing the fur, hide, skin, horn, or feathers of any mammal or bird captured by any trap within any State or the District of Columbia if such package is transported in interstate or foreign commerce. Establishes criminal penalties for: (1) engaging in trapping without a permit issued pursuant to this Act; (2) violating any condition of such permit; (3) violating any regulation of the Secretary relating to trapping; (4) selling or transporting in interstate commerce an unapproved trap; (5) falsifying the shipping certificate; or (6) conveying any package under this Act without affixing the shipping certificate or affixing a false certificate. Authorizes the Secretary to enter into cooperative agreements with States with respect to the imposition of trapping regulations consistent with those prescribed under this Act. Authorizes such appropriations as may be necessary to carry out the purposes of this Act.
United States · United States Congress · 18 January 1979
Amends the Legislative Reorganization Act of 1970 to require House of Representatives committee reports on proposed legislation of a public character to contain statements estimating the reporting and recordkeeping requirements imposed on individuals, private industry, and State and local governments as a result of the enactment of such legislation. Prohibits the House of Representative from considering any legislation reported in the House unless it contains such a statement. Declares that the requirements of this Act shall be considered as part of the rules of the House.
United States · United States Congress · 18 January 1979
Constitutional Amendment - Declares that no person shall be a Senator or Member of the House of Representatives during more than six consecutive Congresses.
United States · United States Congress · 18 January 1979
Amends rule X of the Rules the House of Representatives to establish a standing Committee on Internal Security to investigate and report on Communist and other subversive activities affecting the internal security of the United States, including activities intended to overthrow or alter the form of government in the United States by unlawful means or which incite or employ violence or any unlawful means to obstruct the lawful authority of the government.
United States · United States Congress · 15 January 1979
Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to require that any social security account number assigned, after this Act becomes effective, be on a card or in such other form as will easily reveal any illegal alteration or duplication. Requires, in the case of cards issued to aliens who are not in the United States under conditions which make it lawful for them to engage in employment, that such card be marked to indicate that such individual may not be legally employed. Authorizes the reissuance of such card without such mark at such time as it is determined that the alien may lawfully engage in employment in the United States. Establishes criminal penalties for individuals who knowingly employ alien holders of cards which indicate that they may not lawfully engage in employment in the United States.
United States · United States Congress · 15 January 1979
Repeals the requirement, under the Social Security Amendments of 1977, that the amount of monthly benefits payable to a spouse or surviving spouse under title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act be reduced by the amount such spouse or surviving spouse receives in monthly payments from a Federal or State pension fund.
United States · United States Congress · 15 January 1979
Solar Energy Bank Act - Establishes a Government corporation in the Department of Housing and Urban Development to be known as the Solar Energy Development Bank to make long-term, low-interest loans to encourage the use of solar energy in commercial and residential structures. Sets forth requirements for loan eligibility concerning the term and amount of the loan and necessary warranties for the solar energy systems covered by such loan. Prohibits conflicts of interest on the part of officers or employees of the Bank. Imposes criminal penalties for the furnishing of false or misleading information by applicants for loans under this Act. Establishes a seven-member Advisory Board to make annual reports to Congress and the President on the operation of the program established by this Act. Prohibits subsidy payments under this Act to any person who has received other Federal assistance for purchase and/or installation of energy systems similar to the solar systems assisted under this Act.
United States · United States Congress · 15 January 1979
Petroleum Industry Pipeline Divestiture Act - Amends the Clayton Act to make it unlawful, after December 31, 1981, for any person who owns or controls a pipeline to transport by such pipeline any petroleum, petroleum product, or natural gas which such person owns or controls, or has owned, controlled, produced, or refined. Requires each person who transports by such pipeline any petroleum, product of petroleum refining, or natural gas, not later than December 31, 1980, to submit to the Attorney General plans for compliance with this Act.
United States · United States Congress · 15 January 1979
Amends the Food Stamp Act of 1964 to exclude cost-of-living increases in Social Security benefits from consideration as household income for purposes of determining: (1) eligibility for participation in the food stamp program; (2) the charge for issuing a coupon allotment to a household; and (3) eligibility for any Federal program administered by the Department of Agriculture which provides for the donation or distribution of surplus agricultural commodities to low-income persons.
United States · United States Congress · 15 January 1979
Amends title XIX (Medicaid) of the Social Security Act to assure the individuals otherwise eligible for benefits under such title do not lose such eligibility, or have the amount of such benefits reduced, because of increases in the amount of benefits under title II (Old-Age, Survivors and Disability Insurance) of such Act.
United States · United States Congress · 15 January 1979
Prohibits the consideration of any cost of living or general benefit increase of Old Age, Survivors and Disability Insurance benefits after May, 1977 for purposes of determining the eligibility for or amount of assistance which any individual or family is provided under the United States Housing Act of 1937, the National Housing Act, the Housing and Urban Development Act of 1965, or the Housing Act of 1949.
United States · United States Congress · 15 January 1979
Amends the Immigration and Nationality Act to increase from $6,000 to $40,000 the amount courts having naturalization jurisdiction may retain from such proceedings in any fiscal year.
United States · United States Congress · 15 January 1979
Asbestos-Related Disease Screening Act of 1979 - Directs the Secretary of Labor, after consultation with the Secretary of Health, Education, and Welfare, to: (1) make contracts with and grants to reimburse public and private organizations for the reasonable cost of providing screening for asbestos-related diseases to employees who are exposed to asbestos during a period of at least 30 days and for whom a significant risk of developing such a disease exists; and (2) provide for a program to reimburse eligible individuals exposed to asbestos for screening expenses. Disallows reimbursement where such screening is provided from other programs, such as workman's compensation.
United States · United States Congress · 15 January 1979
IRA-Employer Plan Coordination Act of 1979 - Amends the Internal Revenue Code to extend to participants in qualified (tax-exempt) private employer pension plans the income tax deduction for cash contributions made by, or on behalf of, such participants to a retirement savings account. Limits such deduction to the excess of the lesser of $1,500 or an amount equal to 15 percent of an individual's employment compensation for the taxable year, over the total amount of contributions made on behalf of such individuals to a plan under which the individual has a nonforfeitable right to 100 percent of his accrued benefits. Specifies limits on the amount of deductible contributions to simplified employee pensions and individual retirement plans. Reduces, by five percent, the allowable deduction for participants in a multiemployer defined benefit plan or church plan. Disallows deductions for employees covered by Government plans, owner-employees, officers of corporations maintaining a plan, ten percent shareholders, and individuals who have attained age 70 1/2. Disallows deductions for individuals who are otherwise qualified but who do not conform to methods prescribed by the Secretary of the Treasury for computing the total amount of plan contributions for a taxable year. Requires the recapture of specified amounts taken as deductions for contributions to a plan in the gross income of a plan participant whose rights under such plan become fully vested. Excludes employee contributions to a qualified employer pension plan from the gross income of the employee. Requires the inclusion in the gross income of a plan participant distributions, not received as an annuity, from a plan to which the participant has made one or more deductible contributions. Imposes an additional tax of ten percent on plan distributions which a plan participant receives before 59 1/2. Requires the administrator of a qualified private employer pension plan to submit an annual written statement of information concerning the plan to its participants. Requires an individual retirement account to contain a method for determining the taxable year in which specific contributions are made to it and the amount of income and loss which is attributable to a specific contribution for each taxable year.
United States · United States Congress · 15 January 1979
Judicial Tenure Act - Establishes a seven-member Judicial Conduct and Disability Commission, consisting of six Federal judges and one layman, to receive complaints filed by any person with respect to the condition or conduct of Federal judges appointed to hold office during good behavior. Directs the Judicial Conference of the United States to appoint an executive director of the Commission. Requires all nonfrivolous complaints within the jurisdiction of the Commission to be investigated to determine the existence and nature of any grounds specified (1) in existing law for the involuntary retirement of a judge, or (2) in this Act for the removal or censure of a judge. Establishes the Court on Judicial Conduct and Disability, consisting of three members elected by the Judicial Conference, as a court of record with all appropriate judicial powers incident or necessary to hear matters concerning the involuntary retirement, removal, or censure of a Federal judge. Directs the Commission, or a panel acting on its behalf, by majority vote to: (1) dismiss any complaint which it finds to be frivolous, insufficient in law or fact, or outside its jurisdiction; or (2) recommend to the Court that a hearing be held upon a finding of sufficient cause to believe that the condition or conduct of the judge may be inconsistent with the good behavior standard. Authorizes the Court to decide the merits of a written complaint against a judge upon receipt of the Commission's report. Gives the Commission the burden of proving such report before the Court by clear and convincing evidence. Specifies due process protections for the judge who is the subject of such hearing. Authorizes the Court to suspend without hearing a judge who has pleaded guilty, nolo contendere, or has been found guilty of a felony or any crime involving moral turpitude under Federal or State law. Conditions such suspension in all other cases on the holding of a hearing as provided by this Act. Directs the Court, in each case brought before it, to order: (1) involuntary retirement; (2) removal from office; (3) censure; or (4) dismissal of the case. Allows the Commission or the judge affected to petition for writ of certiorari to the Supreme Court within ten days after notification of such order. Provides that removal or censure may be ordered by the Court upon a finding that the conduct of the judge has been inconsistent with the good behavior standard required by article III, section 1 of the Constitution. Specifies that such conduct includes, but is not limited: (1) willful misconduct in office; (2) willful and persistent failure to perform duties of the office; (3) habitual intemperance; and (4) other conduct prejudicial to the administration of justice and which brings the judicial office into disrepute.
United States · United States Congress · 15 January 1979
Amends the Internal Revenue Code to allow an income tax deduction of up to $1,500 for household expenses to any taxpayer who maintains a household in which a dependent aged 65 or over resides.
United States · United States Congress · 15 January 1979
Amends the Congressional Budget Act of 1974 to require that a statement of the steps that have been or will be taken to reduce unobligated balances of budget authority under Federal programs and an estimate of the level of unobligated balances of budget authority that will exist at the end of the fiscal year be included in: (1) the report accompanying the first concurrent resolution on the budget each year; (2) the annual reports submitted by other committees to the Budget Committees of the House of Representatives and the Senate; and (3) the President's annual budget.
United States · United States Congress · 15 January 1979
Antirecession Supplementary Fiscal Assistance Amendments of 1979 - Amends the Public Works Employment Act of 1976 to establish a supplementary antirecession fiscal assistance program to aid local governments which have an average unemployment rate during a calendar quarter above six percent. Authorizes appropriations through fiscal year 1980 for the purposes of this Act.
United States · United States Congress · 15 January 1979
Amends the Internal Revenue Code to require an annual cost-of-living adjustment, based on the Consumer Price Index, to the individual income tax rates and the personal exemption.
United States · United States Congress · 15 January 1979
Media and Individual Privacy Protection Act of 1979 - Title I: Media Source Protection - Prohibits courts, grand juries, State or Federal administrative bodies, State legislatures, or Congress from requiring journalists, newscasters, or print or broadcast organizations to disclose news or the source of any news gathered for publication or broadcast. Title II: Searches and Seizures Involving the Media and Individuals - Provides penalties for seeking evidence of a crime, under color of law and not incident to a lawful arrest, without first obtaining a subpoena. Permits a court to issue a search warrant if it finds at a hearing that there is probable cause that the person in control of the evidence has committed or is committing the crime to which the evidence relates or that the evidence sought would be destroyed, concealed, or altered. Stipulates that the fruits of an unlawful search or seizure shall not be admissible in any criminal proceeding. Authorizes aggrieved individuals to commence civil actions in U.S. district courts. Permits States to enact laws giving increased protection to the gathering or dissemination of news.
United States · United States Congress · 15 January 1979
Title I: Domestic Oil Pollution Liability, Compensation, and Fund - Establishes in the Treasury of the United States the Comprehensive Oil Spill Liability Fund for the purposes of paying for otherwise uncompensated losses resulting from oil pollution. Enumerates the sources of monies to be deposited in such fund, including a fee not to exceed three cents per barrel of oil, imposed upon owners of facilities receiving oil. Obligates owners of such oil to reimburse the refinery or terminal the full amount of the fee levied on such person's oil. Imposes a civil penalty on any person required to pay or collect such fees who fails to do so. Authorizes the Secretary of Transportation to issue obligations to the Secretary of the Treasury at times when fund assets are insufficient to meet fund liabilities. Lists the types of injuries which may be compensated under this Act and the potential claimants who have standing to assert claims involving each such type of damage. Imposes joint, several, and strict liability on the owners and operators of each pollution source. Specifies liability limits, except in cases of gross negligence or willful misconduct, for ships and other vessels. Directs the Secretary of Transportation to establish limits on the liability of classes of facilities used for transporting, producing, processing, storing, or transferring oil. Requires the owner or operator: (1) of any such facility; or (2) of any vessel which uses such facility or navigable waters of the United States, to establish and maintain evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Directs the person in charge of a vessel or facility to immediately notify the Secretary of Transportation of any pollution incident in which the vessel or facility is involved. Specifies procedures whereby the Secretary may, in the absence of such an admission, designate and advertise pollution sources. Directs the Secretary, in instances in which (1) the owner and operator of a vessel or facility designated by the Secretary deny such vessel's or facility's involvement; (2) the source of the discharge is a public vessel; or (3) the Secretary is unable to designate the pollution source, to advertise claims with limited exceptions to be presented initially to the owner or operator, or to such person's guarantor. Permits claimants either to present a claim to the fund or to bring an action in an appropriate United States court if liability is denied or the claim is not settled within a specified period. Sets forth procedures for the disposition and appeal of claims submitted to the fund. Requires both the plaintiff and the defendant in a court action brought against an owner, operator, or guarantor to forward copies of all pleadings to the fund. Permits the fund to intervene in such actions. Subrogates any person or government entity, including the fund, paying compensation to all the claimant's claims and rights under this Act. Specifies procedures for and the measure of recovery in actions brought by the fund against owners, operators, or guarantors of alleged pollution sources. Declares that the rights and remedies under this Act shall be exclusive with respect to economic loss caused by oil pollution. Sets penalties for persons failing to comply with specified provisions in this Act. Directs the President to conduct a study to determine whether adequate private oil pollution protection is reasonably available to owners and operators of vessels and facilities. Title II: Effective Dates; Conforming Amendments - Specifies the effective date of this Act. Amends specified laws, including the Deepwater Port Act of 1974, the Federal Water Pollution Control Act, and the Trans-Alaska Pipeline Act, to conform with the the provisions of this Act.
United States · United States Congress · 15 January 1979
Title I: Authorizations and Miscellaneous Amendments - Amends the Small Business Act to authorize appropriations for specified programs and expenses of the Small Business Administration. States that all appropriations, whether specifically or generally authorized, shall remain available until expended. Authorizes the Administration to make disaster loans available to small business concerns affected by a shortage of energy-producing resources caused by a strike, boycott, or embargo unless such strike, boycott or embargo is directly against such small business concern. Makes specified low-interest disaster loans available until October 1, 1982. Amends the Small Business Investment Act of 1958 to repeal the authority of the Administration to invest sums from the revolving fund for surety bond guarantees in Treasury bonds, obligations, and other guaranteed debt securities. Authorizes such investments from the revolving fund for qualified contract guarantees. Transfers specified provisions of the Act which established an Office of Advocacy within the Small Business Administration to the Small Business Act. Title II: Small Business Development Centers - Authorizes the Small Business Administration to make grants to States, State agencies, regional entities, State-chartered development credit corporations, and institutions of higher learning to assist in establishing Small Business Development Centers. Requires such grants to be matched in equal amounts by funds from non-Federal sources. Establishes additional restrictions on such grants for fiscal years 1979 through 1982. States that Small Business Development Centers shall have a full-time staff, business and technology analysts, information and professional specialists, and access to laboratory and engineering facilities. Requires such Centers to provide small businesses with business and technology counseling, information on government regulations, library services, and comprehensive studies and surveys. Directs federally funded laboratories and innovation centers to cooperate with the Small Business Development Centers. Requires the Administrator of the Small Business Administration to appoint a Deputy Associate Administrator for Management and Technical Assistance to administer the Small Business Development Center program. Establishes a National Small Business Development Center Advisory Board consisting of nine civilian members. Sets forth provisions governing the appointment of members, a Chairman, meetings, and compensation of the Board. Directs the Small Business Administration to conduct an evaluation of the Development Center program and to submit a report to the appropriate committees of Congress within three years. Title III: White House Conference on Small Business - White House Conference on Small Business Act - Directs the President to convene a White House Conference on Small Business by June 30, 1980, to identify the problems of small business concerns and to make recommendations for executive and legislative action. Requires the Conference to submit a report to the President and the Congress within one year of the date it convenes. Requires the Small Business Administration to report to the Congress within three years on the status and implementation of the findings and recommendations of the Conference. Authorizes appropriations for the expenses of the Conference.
United States · United States Congress · 15 January 1979
Humane Methods of Research Act - Authorizes the Secretary of Health, Education, and Welfare to make grants for research and development of new methods of research, experimentation, and testing which minimize the use of, and the pain inflicted upon, live animals. Authorizes appropriations to carry out the purposes of this Act.
United States · United States Congress · 15 January 1979
Federal Nonsmokers Protection Act of 1979 - Prohibits smoking in specified areas of Federal facilities and in interstate passenger carrier facilities. Requires the effective separation of smokers from non-smokers in certain areas of such facilities. Requires that nonsmoking employees in Federal facilities be given the opportunity to be assigned to physically distinct offices or workplaces from those who smoke, whenever possible. Makes the executive head or chief administrative officer of each instrumentality responsible for the enforcement of these prohibitions in any Federal facility in which such instrumentality maintains offices. Requires such officers to submit an annual report on the enforcement of these prohibitions to the Administrator of General Services. Establishes civil penalties for individuals who smoke in any area of an interstate passenger carrier facility where smoking is prohibited under this Act. Requires that "No Smoking" signs be posted in specified areas.
United States · United States Congress · 15 January 1979
Public Health Cigarette Smoking Act of 1979 - Makes it unlawful, under the Federal Cigarette Labeling and Advertising Act, for any person to manufacture, import, or package for sale or distribution within the United States any cigarettes the package of which: (1) fails to bear the required health warning statement; and (2) fails to bear a statement of the tar and nicotine content of each cigarette in such package, as determined by the Federal Trade Commission. States that it shall be unlawful for any person to disseminate or cause to be disseminated any cigarette advertisement which fails to contain the required statements and which is either disseminated by United States mails or in commerce or which is likely to induce, directly or indirectly, the purchase in, or have an effect upon, commerce of cigarettes. Requires cigarettes for export to contain the required statements in the language of the country to which such package is exported.
United States · United States Congress · 15 January 1979
Sludge Management Act of 1979 - Directs the Administrator of the Environmental Protection Agency to study the environmental, health, and economic effects of subsurface landfilling sludge on soils and ground water, and alternate methods of sludge disposal. Directs the Administrator to develop guidelines for sludge disposal and land-spreading in order to protect the public health and welfare. Authorizes the Administrator to make grants to States and localities of up to 40 percent of the cost of removal of sludge from navigable waters of the United States or any adjacent shoreline. Directs the Administrator to establish an Environmental Protection Agency Task Force on sludge removal. Authorizes the establishment of programs of training, demonstration, and surveys relating to the restoration of water quality where degraded by sludge. Amends the Federal Water Pollution Control Act to prohibit grants for treatment works, unless the applicant demonstrates that adequate, confined sludge disposal methods will be provided.
United States · United States Congress · 15 January 1979
Directs the Secretary of the Interior to permit the National Committee of American Airmen Rescued by General Mihailovich to construct a monument to General Mihailovich on Federal public land within the District of Columbia or its environs.
United States · United States Congress · 15 January 1979
Taxpayers' Bill of Rights Act - Requires the Secretary of the Treasury to prepare, for distribution to taxpayers, brief but comprehensive pamphlets which set forth in nontechnical terms: (1) the rights and obligations of taxpayers during an audit; (2) the procedures which the Internal Revenue Service may use in enforcing revenue laws; and (3) the procedures by which a taxpayer may appeal adverse decisions, prosecute refund claims, and file taxpayer complaints. Requires a copy of such pamphlet to accompany the first communication from the Service to any taxpayer regarding tax liability. Establishes within the Internal Revenue Service an Office of Taxpayer Services, directed by an Assistant Commissioner of Internal Revenue, whose primary responsibilities shall include: (1) assisting taxpayers with information about tax returns, audits corrections, appeals procedures, and payment or document location; and (2) receiving and evaluating complaints of improper, abusive, or inefficient service by Internal Revenue Service personnel. Authorizes the Assistant Commissioner for Taxpayer Services to issue a Taxpayer Assistance Order prohibiting the Secretary, for up to 60 days after such issuance, from taking any assessment, collection, or other action adverse to a taxpayer if the Assistant Commissioner determines that such taxpayer is suffering from an unusual, unnecessary, or irreparable loss as a result of such action. Prescribes criminal penalties for: (1) any investigation by employees of the United States in connection with Federal tax laws which inquires into the beliefs, associations, or activities of any individual which are not directly related to such tax laws; or (2) the maintenance of any records containing information derived from such an investigation. Creates a civil cause of action for any taxpayer aggrieved by a prohibited investigation, or by the deprivation of any civil rights. Permits the award of a judgment of costs, including reasonable attorney's fees, to a prevailing taxpayer in any proceeding before the Tax Court. Requires the Internal Revenue Service, upon a taxpayer's request, to conduct any interview regarding a deficiency assessment in the taxpayer's residence or place of business, at a reasonable time convenient to the taxpayer. Requires the officer or employee conducting such interview to warn the taxpayer that: (1) he has a right to remain silent; (2) any statement he makes may be used against him; and (3) he has the right to the presence of an attorney. Exempts certain income producing property from levy for nonpayment of taxes. Directs the Comptroller General of the United States to establish, and to report annually to Congress on, a program to provide for a continuing audit and investigation of the efficiency, uniformity, and equity of the administration of the internal revenue laws of the United States.
United States · United States Congress · 15 January 1979
Airport Noise Curfew Act - Establishes an Airport Noise Curfew Commission to study and make recommendations to Congress regarding the establishment of curfew on nonmilitary aircraft operations over populated areas during normal sleeping hours. Directs the Commission to submit its findings within six months and terminates the Commission at such time. Grants the Commission subpoena power in carrying out its mission.
United States · United States Congress · 15 January 1979
Nondiscrimination in Insurance Act of 1979 - Prohibits any discrimination on the basis of race, color, religion, sex, or national origin regarding contracts for, or terms of, insurance policies. Permits insurers, who regularly provide insurance solely to persons of a single religious affiliation, to continue to do so. Authorizes the Federal Trade Commission to administer and enforce this Act. Requires aggrieved persons to file such discrimination charges with State or local agencies in certain circumstances. Sets forth the procedures on charges filed with the Commission. Requires insurers to keep records and make reports as the Commission shall prescribe. Provides penalties for disclosure of information by employees of the Commission. Authorizes civil actions in U.S. district courts by the Commission if a conciliation agreement cannot be secured from the insurer. Allows an aggrieved person to institute a civil action against the insurer if the Commission has not instituted a civil action within certain time periods. Specifies the judicial relief available, if the court determines that the insurer has committed a discriminatory action.
United States · United States Congress · 15 January 1979
Amends the Internal Revenue Code to prohibit the Internal Revenue Service from terminating the tax-exempt status of an educational institution for reasons of racial discrimination unless such organization has been adjudicated as racially discriminatory by a State or Federal court.
United States · United States Congress · 15 January 1979
Legislative Oversight Act of 1979 - Title I: Requirements for Authorization Bills - Requires all legislation considered by either House of Congress which authorizes new budget authority or increased tax expenditures to include a statement of objectives of the program to be authorized or established and a requirement that the agencies administering the program report annually to Congress to assist it in determining whether such program should be amended. Requires such agency reports to list the costs and accomplishments of each program. Title II: Requirements for Reports Accompanying Authorization Bills - Requires committee reports accompanying such legislation to identify expected economic and social costs and benefits of new programs authorized or established by such legislation, potentially duplicative programs, and previous efforts to accomplish the objectives of the program being considered. Requires reports to contain an assessment of the degree to which an existing program, authorization, or tax expenditure has met previously stated objectives. Requires the Comptroller General to publish and periodically update a descriptive catalog of interrelated Federal activities which compares program costs and accomplishments and describes program interrelationships, including the extent to which programs are duplicative. Title III: Presidential Budget Recommendations - Requires the President's budget to describe the relationship between the President's recommended program budgets and the program accomplishments reported by Federal agencies under this Act. Title IV: Authorization Time Limit; Certain Obligations Not Impaired - Prohibits congressional consideration of any legislation which authorizes new budget authority or provides new or increased tax expenditures, or new spending authority for a period exceeding five years. Exempts from this prohibition national debt service and payments to individuals from Federal trust funds to which such individuals have contributed. Title V: Miscellaneous Provisions; Effective Date - Recognizes the authority of either House to amend this Act. Sets the effective date of this Act.
United States · United States Congress · 15 January 1979
Prescription Drug Freshness Act - Requires the prominent labeling of prescription and over-the-counter drugs and pharmaceuticals, whose effectiveness or potency become diminished after storage, as to the date beyond which the product shall not be used. Authorizes the Food and Drug Administration to establish the "beyond use" dates for all applicable products, and the manner in which they shall be labeled.
United States · United States Congress · 15 January 1979
Alaska National Interest Lands Conservation Act of 1979 - Title I: Findings, Policy, and Definitions - Declares it the purpose of this Act to preserve for the benefit of present and future generations certain lands in the State of Alaska in order to: (1) preserve unrivaled scenic, geologic, and wildlife values; (2) perpetuate significant and diverse eecosystems; (3) protect and preserve cultural values of Native and non-Native people; (4) provide recreation; (5) maintain wilderness resource values; (6) preserve rivers; (7) maintain opportunities for research; and (8) utilize natural resources, consistent with sound ecological principals. Provides that: (1) intangible values should be considered on an equal basis with tangible values; (2) the management policies should cause the least adverse impact possible to people who depend on subsistence uses of resources; (3) the interests of the State of Alaska and the Native Corporations shall be continually considered in carrying out provisions of this Act to maintain a viable economy and provide employment for citizens of Alaska. Title II: National Park System - Designates as units of the National Park System: (1) Ainakchak National Monument; (2) Bering Land Bridge National Monument; (3) Cape Krusenstern National Monument; (4) Gates of the Arctic National Monument; (5) Kenai Fjords National Monument; Kobuk Valley National Monument; (7) Lake Clark National Monument; (8) Noatak National Monument; Wrangell-Saint Elias National Monument; (10) Yukon-Charley National Monument; and (11) Katmai National Monument. Expands and redesignates: (1) Mount McKinley National Park by the addition of Denali National Monument to be redesignated as Denali National Park; and (2) Glacier Bay National Monument by the addition of 40,000 acres to be redesignated as Glacier Bay National Park. Establishes as units of the National Park System: (1) Aniakchak National Preserve; (2) Lake Clark National Preserve; and (3) Noatak National Preserve. Establishes and designates as units of the National Wilderness Preservation System certain lands in: (1) Aniakchak National Park and Preserve; (2) Bering Land Bridge National Park; (3) Cape Krusenstern National Park; (4) Denali National Park; (5) Gates of the Arctic National Park; the Arctic Wilderness; (6) Glacier Bay National Park; (7) Katmai National Park; (8) Kenai Fjords National Park; (9) Kobuk Valley National Park; (10) Lake Clark National Park and Preserve; (11) Noatak National Park; (12)Wrangell-Saint Elias National Park; and (13) Yukon-Charley National Park. Directs the Secretary of the Interior to study the nondesignated areas within the boundaries of the National Park System and report to the President and Congress on the suitability of all roadless areas for preservation as wilderness. Directs the Secretary of the Interior to administer all Alaska lands, waters, and interests in accordance with applicable laws and this Act. Incorporates the redesignated national monuments specified in this Act as part of the appropriate national park. Makes available for the appropriate national park any funds that were available for the corresponding monument. Subjects the portion of the Alaska Railroad right-of-way within Denali National Park to the applicable laws and regulations. Permits the continuation of reindeer grazing within Bering Land Bridge National Park. Prohibits the Secretary, generally, from acting to restrict unreasonably the exercise of valid commercial fishing rights or privileges obtained pursuant to State or Federal law, with respect to the Malaspina Glacier area of Wrangell-Saint Elias National Park and the Dry Bay area of Glacier Bay National Park. Title III: National Wildlife Refuge System - Redesignates Becharof National Monument as Becharof National Wildlife Monument and Yukon Flats National Monument as Yukon Flats National Wildlife Monument. Designates as units of the National Wildlife Refuge System: (1) Alaska Maritime National Wildlife Refuge; (2) Alaska Peninsula National Wildlife Refuge; (3) Copper River National Wildlife Refuge; (4) Iliamna National Wildlife Refuge; (5) Innoko National Wildlife Refuge; (6) Kanuti National Wildlife Refuge; (7) Koyukuk National Wildlife Refuge; (8) Nowitna National Wildlife Refuge; (9) Selawik National Wildlife Refuge; (10) Teshekpuk National Wildlife Refuge; (11) Tetlin National Wildlife Refuge; and (12) Utukok National Wildlife Refuge. Expands the following units of the National Wildlife Refuge System: (1) Arctic National Wildlife Range; (2) Cape Newenham National Wildlife Refuge; (3) Clarence Rhode National Wildlife Range and Hazen Bay National Wildlife Refuge; and (4) Kenai National Moose Range. Designates as wilderness and components of the National Wilderness Preservation System certain lands in: (1) Alaska Maritime National Wildlife Refuge (to be known as Alaska Maritime Wilderness, Aleutian Islands Wilderness, Unimak Wilderness and Semidi Wilderness); (2) Alaska Peninsula National Wildlife Refuge (to be known as Pavlof wilderness and Chiginagak Wilderness); (3) Arctic National Wildlife Range; (4) Becharof National Wildlife Monument; (5) Copper River National Wildlife Refuge; (6) Innoko National Wildlife Refuge; (7) Izembek National Wildlife Range; (8) Kanuti National Wildlife Refuge; (9) Kenai National Wildlife Range; (10) Kodiak National Wilderness Refuge; (11) Koyukuk National Wildlife Refuge; (12) Nowitna National Wildlife Refuge; (13) Nunivak National Wildlife Refuge; (14) Selawik National Wildlife Refuge; (15) Tetlin National Wildlife Refuge; (16) Togiak National Wildlife Range; (17) Yukon Delta National Wildlife Refuge (to be known as Andreafsky Wilderness and Kisaralik Wilderness); and (18) Yukon Flats National Wildlife Monument (to be known as Hodzana Wilderness and White Mountain Wilderness). Directs the Secretary of the Interior to review all areas within the National Wildlife Refuge System established or expanded by this Act as to their suitability for preservation as wilderness. Directs the President to advise Congress as to the Secretary of the Interior's recommendations. Declares that all Executive orders and other administrative actions which were in effect on the day before the date of enactment of this Act will remain in force, except to the extent that they are inconsistent with this Act or the Alaska Native Claims Settlement Act. Makes available for the purposes of any conservation unit established under this Act all funds that were previously available. Directs the Secretary of the Interior to administer each wildlife refuge subject to valid existing rights and in accordance with applicable law and this Act. Prohibits the Secretary from permitting uses or granting easements in the above-designated refuges which are not compatible with the major purposes of the refuge. Withdraws, subject to valid existing rights, all public lands in each refuge from all forms of appropriation under the mining laws and from operation of the mineral leasing laws. Authorizes the Secretary to permit oil and gas development under a leasing program. Directs the Secretary to undertake to enter into cooperative management agreements with Native Corporations, the State, or persons owning land within or adjacent to a refuge. States that each such agreement shall provide that the land subject to the agreement shall be managed by the owner in a manner compatible with the major purposes of the refuge, and in a manner which will not diminish opportunities for subsistence uses in the refuge. Sets forth terms and conditions for such agreements. States that the Congress finds that barren-ground caribou are a migratory species deserving special protection and that the Western Arctic and Porcupine herds of such caribou are of national and international significance. Directs the Secretary to conduct a study of the barren-ground caribou herds north of the Yukon River, and, acting through the Secretary of State, to initiate negotiations with the Government of Canada in order to enter into a treaty to protect the Porcupine caribou herd and its habitat. Directs the Secretary of the Interior to conduct an assessment of the bald eagle in the Chilkat River area in order to determine habitat use, dynamics of salmon runs on which the eagles feed, seasonal movement patterns, and effects on the eagle population of developments by man. Directs the Secretary to develop a proposal to conserve bald eagles and other wildlife in the region, insure compatible land uses, provide for land lease agreements to facilitate the proposal. Title IV: National Forest System - Expands as units of the National Forest System the Tongass National Forest and the Chugach National Forest. Designates as wilderness and components of the National Wilderness Preservation System certain lands in: (1) Chugach National Forest, to be known as Nellie Juan Wilderness, College Fjord Wilderness, Red Peak Wilderness, and Tonki Cape Wilderness); (2) Admiralty Island National Monument; (3) Tongass National Forest, (to be known as Endicott Wilderness, Etolin Island Wilderness, Idaho Inlet Wilderness, Karta Wilderness, and King Salmon Capes Wilderness; (4) Misty Fjords National Monument; (5) Tongass National Forest, to be known as Petersburg Creek-Duncan Canal Wilderness, Prince of Wales Wilderness, Rocky Pass Wilderness, Russell Fjord Wilderness, Stikine- LeConte Wilderness, South Baranof Wilderness, Tebenkof Wilderness, Tracy-Arms-Ford Terror Wilderness, and West Chichagof-Yakobi Wilderness). Directs the Secretary of Agriculture to study and report to the President and Congress in accordance with the Wilderness Act recommendations as to the suitability of the Western Prince William Sound for preservation as wilderness. Specifies that the provisions of this Act apply only to the lands within Alaska and nothing in this Act shall be interpreted to expand, diminish, or modify provisions of the Wilderness Act with respect to lands outside of Alaska. Allows the Secretary of Agriculture to permit fishery research, management, enhancement, and rehabilitation activities within national forest wilderness areas designated by this Act in accordance with the goal of restoring and maintaining anadromous fish production in the Tongass National Forest. Sets forth factors to be considered in allowing such activity. Directs that previously existing public use cabins within national forest wilderness may be permitted to continue subject to necessary restrictions deemed to preserve the wilderness character of the area. Authorizes the Secretary of Agriculture to construct and maintain a limited number of new cabins and shelters. Authorizes the Secretary of Agriculture to permit commercial fishery activities within national forest wilderness in accordance with principles of sound fisheries management. Directs the Secretary of Agriculture to modify any existing national forest timber sale contracts applying to lands designated by this Act as wilderness by substituting other national forest lands of corresponding quality, quantity, and access, to the extent practicable. Authorizes the Secretary of Agriculture to acquire timber rights to those lands selected for the village of Angoon under the Alaska Native Claims Settlement Act by purchase or exchange for timber rights elsewhere within the Tongass National Forest. Allows, at the election of the shareholders of Kootznoowoo, Inc., the conveyance of timber rights to lands selected by the corporation to the Secretary of Agriculture, and within one year after such a conveyance the conveyance to Kootznoowoo, Inc. of timber rights which are of equal value to those conveyed to the Secretary. Directs the Secretary of Agriculture to designate alternative lands, of equal or greater timber value, for the benefit of Shee Atika, Inc., in satisfaction of the rights of the Natives of Sitka as provided by the Alaska Native Claims Settlement Act. Specifies that such lands shall be located in southeast Alaska other than Admiralty Island. Sets forth procedures for conveyance of surface and subsurface rights, and the release of such rights. Directs the Secretary of the Interior to reimburse Shee Atika, Inc., Goldbelt, Inc., and Kootznoowoo, Inc. for reasonable and necessary land selection costs. Specifies that permits issued by the Forest Service, before the enactment of this Act, for a dwelling or campsite in the Admiralty Island National Monument, Misty Fjords National Monument, or any wilderness area, shall expire not later than ten years after the enactment of this Act. Provides a limited exception to such permit expiration for Thayer Lake Lodge. Amends the Alaska Native Claims Settlement Act to prohibit land conveyed to a Native Corporation pursuant to this Act or the Alaska National Interest Lands Conservation Act, which is within a contingency area designated in a U.S. timber sale contract, to be subject to such contract or to entry or timbering by the contractor. Prohibits a timber contractor form entering or cutting timber from land in a contingency area that has been withdrawn or selected by a Native Corporation until such Corporation has received all conveyances. Directs the Secretary of Agriculture to improve timber production from high quality timber growing sites in the Tongass National Forest through a program of precommercial thinning. Directs the Secretary of Agriculture to establish an insured or guaranteed loan program for purchasers of national forest materials in Alaska to assist such purchasers in the acquisition of equipment to use wood products which might not otherwise be utilized. Directs the Secretary of Agriculture to carry out a study and report to Congress to identify opportunities to increase timber yields on national forest lands in Alaska, and to reduce inefficient timber uses or waste of national forest produced fiber. Title V: National Wild and Scenic Rivers System - Amends the Wild and Scenic Rivers Act by adding to the Wild and Scenic Rivers System the following rivers (or segments thereof) which are outside the boundaries of other conservation system units: Birch Creek, Colville, Copper, Delta, Etivluk-Nigu, Fortymile, Gulkana, Alagnak, Killik, Nowitna, Stony, Unalakleet, and Yukon (Ramparts section). Adds to the system the following rivers (or segments thereof) which form the boundary of, or are within, any national preserves in Alaska: Aniakchak (including its major tributaries), Chilikadrotna, Mulchatna, Stonu, and Telaquana. Adds to the system portions of the following rivers which form the boundary of, or are within, any national wildlife refuge in Alaska: Nowitna, Porcupine, Sheenjek, Andreafsky, Ivishak, Kanektok, Kisaralik, Wind, Beaver Creek, Copper, Selawik, Squirrel, and Utukok. Requires that detailed boundaries and development plans be established for specified rivers within one to three years of the date of enactment of this Act. Designates the following rivers to be studied for possible inclusion in the system: Holitna-Hoholitna, Ikpikpuk, Koyuk, Kuskokwim, Melozitna, Mulchatna, Nelchina-Tazlina, Nuyakuk, Situk, Susitna. Sets forth time requirements for completion of such studies. Authorizes the Secretary to seek cooperative agreements with the owners of non-Federal lands adjoining rivers which are newly designated units of the Wild and Scenic Rivers System. Permits the Secretary to establish a river protection zone extending two miles from the banks of such rivers. Withdraws the minerals in Federal lands within the boundaries of such rivers and within each such river protection zone from all forms of appropriation under United States mining laws. Authorizes the Secretary to permit the use of snowmobiles for customary purposes by local residents and by authorized subsistence users, if such use was occurring on or before January 1, 1979. Authorizes the Secretary to promulgate regulations to protect the quality and quantity of water in the Wulik River. Allows the Secretary to grant rights-of-way for oil and gas pipelines across the Iditarod Trail or a wild and scenic river when there exists no alternative route. Sets forth the requirements for obtaining a permit for an oil or gas pipeline. Title VI: Federal-State Coordination - Establishes the Alaska Advisory Coordinating Council, cochaired by the Secretary of the Interior and the Governor of Alaska and composed of the Alaska field directors of the Federal land managing and planning agencies; the Commissioners of the Alaska Departments of Natural Resources, Fish and Game, and Environmental Conservation; and representatives from a Village Corporation and a Regional Corporation. Requires that all Council meetings be open to the public, with at least 15 days prior notice in the Federal Register and in newspapers of general circulation in Alaska. Directs the Council to conduct studies and advise the Secretary, other Federal agencies, the State, and Native Corporations regarding land and resource uses in Alaska, including natural resource management, economic development, and other land administration programs. Authorizes the Council to recommend cooperative planning and management zones where the management of lands or resources of one member materially affects another. Authorizes Federal members of the Council to enter into cooperative agreements with Federal agencies, with State and local agencies, and with Native Corporations for mutual consultation, review, and coordination of resource management plans within such zones. Authorizes the Secretary to provide technical and other assistance to landowners whose lands or resources are subject to a cooperative agreement, for fire control, trespass control, law enforcement, resource use, and planning. States that such assistance may be provided without reimbursement if the Secretary determines that doing so would further the purposes of the cooperative agreement and would be in the public interest. Provides that the Council will terminate in ten years, unless extended by Congress. Directs the Council to establish a citizens' advisory committee of land-use advisors. Establishes the Alaska Land Bank Program to facilitate the coordinated management and protection of Federal, State, and Native and other private lands. Authorizes certain private landowners to enter into agreements with the Secretary for ten years, with five year renewal periods, concerning the management of the affected lands. Sets forth required terms of such agreements, as well as benefits to private landowners. Provides, as to Native corporations and other persons or groups that have received or will receive lands or interests therein pursuant to the Alaska Native Claims Settlement Act on this title, immunity from adverse possession, Federal and State taxation, and judgment in any action at law or equity to recover sums owed or penalties incurred by any Native Corporation, or any officer, director, or stockholder of any such Corporation. Title VII: Subsistence - Declares the first priority of this Act to be consumptive uses of fishing and other renewable resources for nonwasteful subsistence uses by local rural residents. Stipulates that restrictions on the taking of populations of fish and wildlife on such lands for subsistence uses in order to protect the continued viability of such populations, or to continue such uses, shall be based on: (1) customary and direct dependence upon the populations as the mainstay of livelihood; (2) local residency; and (3) the availability of alternative resources. Directs the Secretary, if the State fails to do so, to establish: (1) at least seven Alaska subsistence resource regions which, taken together, include all public lands; (2) such local advisory committees within each region, as necessary, based upon a finding that the existing State fish and game advisory committees do not adequately assist in the preparation of the reports required of the regional councils; and (3) a regional advisory council in each subsistence region, to be composed of residents of the affected region. Sets forth the duties of such regional councils in regard to subsistence uses of fish and wildlife within the regions, including the preparation of annual reports to the Secretary. Requires that such reports contain identifications, evaluations and recommended strategies for the management of fish and wildlife populations within the regions, as well as recommendations concerning policies, standards, guidelines, and regulations to implement such strategies. Directs the Secretary to follow the advice of such councils unless he determines in writing that such advice is not supported by substantial evidence, violates recognized principles of fish and wildlife conservation, or would be detrimental to the satisfaction of subsistence needs. Directs the Secretary to take certain administrative action if it is determined that the program or implementation is not in compliance with this Act. Gives the Secretary authority to close public areas to all consumptive uses except subsistence uses by local residents. Sets forth procedures for hearings and appeal by the State. Gives the Secretary emergency authority to temporarily close any public land to subsistence uses if necessary for public safety, administration, or to insure the natural stability and continued productivity of one or more fish or wildlife populations. Authorizes the Secretary to enter into cooperative agreements or to otherwise cooperate with other Federal agencies, the State of Alaska, Native Corporations, and other appropriate persons and organizations, (including, through coordination with the Secretary of State, other nations) in order to protect subsistence resources and uses. Prohibits the appropriate Federal agency from withdrawal, reservation, lease, permit, or other use, occupancy or disposition of lands within their jurisdiction if the effect would be to significantly restrict the subsistence uses unless the head of the agency: (1) gives notice to the appropriate State agency, local committees and regional councils; (2) gives notice of, and holds, a hearing in the vicinity of the area involved; and (3) makes specific determinations regarding the purpose and the effect of the restriction. Directs the Secretary to insure the access to subsistence resources on public lands to persons engaged in subsistence uses. Directs the United States Fish and Wildlife Service and National Park Service to undertake research on fish and wildlife subsistence activities on the public lands. Title VIII: Administrative and Miscellaneous Provisions - Authorizes the Secretary to acquire by purchase, donation, or exchange any lands within the boundaries of any conservation system unit. Stipulates that land owned by the State, a political subdivision or a Native Corporation may only by acquired with their consent. Sets forth administrative provisions relating to such acquisitions. Allows the Secretary to permit on conservation system units the use of snow machines, motorboats, airplanes, and nonmotorized transportation methods, subject to reasonable regulation. Directs the Secretary to authorize and permit temporary access by the State or a private landowner to any conservation system unit, the Alaskan National Petroleum Reserve, or public lands for the purposes of survey and geophysical study and adequate access State or privately owned land and valid mining claims. Removes certain restrictions from sections of the North Slope Haul Road. Authorizes the Secretary to acquire up to 7,500 acres of archaeological or paleontological sites outside of the Cape Krusenstern National Park, Bering Land Bridge National Park, Kobuk Valley National Park, and the Yukon-Charley Rivers National Park. Requires the Secretary, prior to acquiring any such property in excess of 100 acres to submit notice of the proposed acquisition to the appropriate committees of the Congress, and publish notice of such proposed acquisition in the Federal Register. Directs the Secretary to provide advice, assistance, and technical expertise to an applying Native Corporation or Native Group for the purpose of preserving cultural resources, without regard to whether title to such resources is in the United States. Authorizes the Secretary to establish an information and education center for visitors to Alaska, on no more than 1,000 acres of land adjacent to the Alaska Highway. Authorizes the Secretary to establish such centers in Anchorage and Fairbanks, and authorizes the Secretary of Agriculture to establish such a center in Juneau, Ketchikan, or Sitka. Sets forth provisions relating to program planning, construction, operation and administration of such centers. Authorizes the Secretary to establish administrative sites and visitor facilities within the conservation units, if compatible, or outside the units. Directs the Secretary to locate such sites and facilities on Native lands where practicable and desirable. Sets forth the authorities of the Secretary in regard to establishing such sites and facilities. Directs the Secretary, under reasonable terms, to permit a person who on or before January 1, 1979, was adequately providing any type of visitor service to a conservation system unit, to continue providing the services if they are consistent with the purposes of the unit. Requires that the Secretary, in selecting persons to provide visitor services, give preference to Native Corporations most directly affected by the conservation system unit, and local residents. Directs the Secretary to establish a local-hire program, under which the Secretary will consider for selection qualified local residents to positions in any of the units, without regard to civil service regulations which require minimum periods of formal training or experience, other preference provisions, or numerical limitations on personnel. Requires the Secretary to submit annual reports and recommendations to Congress on such program. Requires the Secretary to prepare detailed management plans for national park and wildlife refuge units and submit them to Congress within five years of the date of enactment of this Act. Sets forth requirements for such plans, factors which must be considered, public hearings requirements, and requirements for reports to the appropriate committees of Congress. Closes all areas of the National Park System in Alaska to the taking of fish and wildlife, except for authorized subsistence use, fishing, and sport hunting as the Secretary may permit within national preserves. Stipulates that other conservation units will be subject to applicable Federal and State law. Requires that the boundary maps described in this Act shall be on file and available for public inspection in the office of the Secretary of Interior and Secretary of Agriculture. Specifies that in the event of discrepancies between the acreages stated in this Act and those depicted on such maps, the maps shall be controlling. Prohibits the boundaries of areas added to the national systems to extend beyond the mean high tide line to include lands owned by the State unless the State concurs. Directs that a map and legal description of each change in land management status effected by this Act be published in the Federal Register and filed with the Speaker of the House of Representatives and the President of the Senate, and that each such description shall have the same force as if included in this Act. Directs that the Secretary shall make each such map and description available for public inspection. Authorizes the Secretary of the Interior and the Secretary of Agriculture to make minor adjustments in the boundaries or areas added to or established by this Act, as appropriate, following reasonable notice in writing to Congress. Permits reasonable access to and operation and maintenance of existing air and navigation aids and facilities for weather, climate, and fisheries research and monitoring in accordance with applicable law. Authorizes reasonable access to and operation and maintenance of, existing facilities for national defense purposes, notwithstanding any other provision of this Act. Permits the establishment of new facilities for national defense purposes within any conservation unit after consultation with the Secretary of the Interior and the Secretary of Agriculture by the head of the applicable Federal department, in accordance with terms and conditions as may be mutually agreed in order to minimize the adverse effects within such unit. Amends the Act to authorize the Secretary of the Interior to establish the Klondike Gold Rush National Historical Park to provide that lands owned by the State or any political subdivision may be acquired by exchange or donation and that the State may include minerals in any such transaction. Withdraws all public lands within a specified area near the Denali National Park from all forms of entry or appropriation under the mining laws and from operation of mineral leasing laws of the United States, for the purpose of establishing Denali Scenic Highway. Directs the Secretary to study the desirability of establishing a Denali Scenic Highway and within three years after the date of enactment to report to the President, who shall advise the President of the Senate and the Speaker of the House of Representatives of any legislation to create such a scenic highway (if so recommended). Stipulates that a holder of a permit to use any conservation system shall be strictly liable for damage to any lands, fish, wildlife or other renewable resource, unless such damage was caused by an act of war or the negligence of the United States. Limits damages for such strict liability to $50,000,000 for any one incident. Exempts the State from strict liability. Withdraws all public lands within the conservation system units in Alaska, subject to valid existing rights, from the mining and mineral leasing laws of the United States. Directs any holder of a valid existing mineral claim or lease to exercise their rights in accordance with regulations promulgated by the Secretary to assure such activities are compatible with the conservation unit. Denies valid lease status to certain noncompetitive oil and gas leases. Allows any holder of a mining claim who feels he has suffered loss to bring an action against the United States in the U.S. District Court for Alaska. Directs the Secretary to assess the oil, gas, and other mineral potential on all public lands in the State of Alaska in order to expand the data base with respect to mineral potential of such lands. Title IX: Improvements in Administration of the Alaska Native Claims Settlement Act - Amends the Alaska Native Claims Settlement Act to cancel all stock issued previous to December 18, 1991, and to issue shares of appropriate class stock to each stockholder. Makes further provisions for permissible restrictions on stockholders; amendments to the articles of incorporation; and stock alienation, annual audits, and transfer of stock ownership. Includes provisions for: (1) the Secretary waiving the whole section requirement at the request of a Village Corporation in certain specified situations; (2) the selection of land by Regional Corporations where the public lands consist only of the mineral estates; (3) the conveyance of title to the Federal or State Government or the proper municipal corporation to the surface estate for existing airport sites; and (4) the conveyance of fee title of existing cemetery and historical places to the appropriate Regional Corporation. Dissentitles any Regional Corporation which asserts a claim with the Secretary to certain subsurface estate of lands selected under such Act which are in a Wildlife Refuge, to any in lieu surface or subsurface estate. Requires that any such claim must be asserted within 180 days after enactment. Amends the Alaska Native Claims Settlement Act to exempt from Federal, State, and local taxation the receipt of land or any interest pursuant to this Act to equalize the values of properties. Stipulates the manner to determine the taxable basis of such interests for the purpose of future taxable dispositions. Exempts from taxation real property interests conveyed pursuant to this Act to a Native individual or Native Corporation which are not developed or leased to third parties. States that fire protection of Native land provided by the Department of the Interior shall cover "wildland." Makes provisions for the conveyance of real property by a Village Corporation to a shareholder of such Corporation to provide homesites. Authorizes the Secretary to withdraw twice the amount of unfulfilled entitlement where lands selected and conveyed to a Village Corporation is insufficient to fulfill the Corporation's entitlement. Withdraws from further entry all lands located in patented townsites or which are the subject of an application for patent on the date of enactment of this Act. Provides for the conveyance of unoccupied townsite lands. Requires the Secretary to act on any pending townsite entry and to issue patent, if appropriate, to the townsite trustee. Approves Alaska Native allotment applications which were pending before the Department of the Interior on December 18, 1971, and which describe land that was unreserved on December 13, 1968, except when provided otherwise by the applicable provisions of this Act. Makes exceptions to such approval for: (1) allotment applications describing land within the boundaries of a conservation system unit established before or by this Act and the described land not withdrawn; (2) allotment applications describing land patented or deeded to the State of Alaska, or land selected by, or tentatively approved or confirmed to the State of Alaska as of December 18, 1971 and not withdrawn; (3) allotment applications where a Native Corporation files a protest stating the applicant is not entitled and the land is withdrawn for selection by the Corporation; (4) allotment applications where the State of Alaska files a protest stating the land in the allotment application is necessary for access to public lands; (5) allotment applications where a person or entity files a protest and the land is a situs of an improvement by that person or entity; and (6) an allotment application that was pending before the Department of the Interior on December 18, 1971, which was knowingly and voluntarily relinquished by the applicant. Sets forth procedures for the Secretary to adjust descriptions of lands in allotment applications to eliminate conflicts. Allows the allotment applicant to amend the land description in the allotment if such description describes land that the applicant did not intend to claim. Directs the Secretary to notify the State and all interested parties of such intended correction and gives parties an opportunity to file a protest. Deems vacant, unappropriated and unreserved land described in an allotment application pending before the Department of the Interior on December 18, 1971, which was at such time withdrawn, reserved, or classified for powersite or power-project purposes unless the described land is included as part of a project under the Federal Power Act or is presently utilized for purposes of transmitting or generating electrical power. Reserves such land to be alloted subject to a right or reentry for a 20-year period after the effective date of this Act. Directs the Secretary to identify and adjudicate any record entry or application for title made under an Act other than the Alaska Native Claims Settlement Act, the Alaska Statehood Act, or the Act of May 17, 1906, prior to issuing a certificate for an allotment subject to this Act. Directs the Secretary to determine whether such entry or application represents a valid existing right. Disallows the affecting of existing rights acquired by actual use of the described lands prior to its withdrawal or classification. Sets forth fiscal year adjustments for appropriation of funds. Directs the Secretary to pay by grant to each of the Native Group Corporations $50,000 to $100,000 depending on the population of each group, to be used for planning, development, and other authorized purposes. Subjects the decisions made by the Secretary under this title or the Alaska Native Claims Settlement Act to judicial review only if an action is initiated before a court of competent jurisdiction within two years after the Secretary's decision has become final and after the party seeking review has exhausted any administrative appeal rights. Subjects the decisions made by a Village Corporation to reconvey land under the Alaska Native Claims Settlement Act to judicial review only if the action is initiated before a court of competent jurisdiction within one year after the date of the filing of the map of the boundaries under applicable law.
United States · United States Congress · 15 January 1979
Consumer Food Labeling Act - Title I: Truth in Food Labeling Act - Truth in Food Labeling Act - Amends the Federal Food, Drug, and Cosmetic Act to require that the labels on all foods disclose each of their ingredients in order of predominance and the percentage of each ingredient in the food. Title II: Nutritional Labeling Act - Nutritional Labeling Act - Requires the processor to label any packaged consumer food product with specified information, including an analysis of nutritional contents, net weight and drained weight, where appropriate. Requires such label to state the nutritional value of the commodity, and to appear in conspicuous and easily legible type in distinct contrast with other matters on the package. Requires the conspicuous statement of any difference in weight or volume which may have occurred in the repackaging of a consumer product from a container of any given net content to a container of a different net content. Empowers the appropriate agencies to prescribe regulations and to petition for injunctive relief to carry out and enforce the provisions of this Act. Prescribes a civil penalty of up to $1,000 for willful violation of any provision of this Act. Title III: Open Dating of Perishable Food Act - Open Dating of Perishable Food Act - Amends the Fair Packaging and Labeling Act to require the manufacturer or packager of a perishable or semiperishable food to state on its label the pull date for such food and the optimum temperature and humidity conditions for its storage by the ultimate consumer. Requires pull dates also on shipping containers or wrappings. Prohibits, with specified exceptions, the display, offer for sale, or sale of any such food whose pull date has expired. Prohibits the change, alteration, defacement, or removal of any pull date before sale of such food to the ultimate consumer. Prescribes criminal penalties for the violation of this Act. Requires the Secretary of Health, Education, and Welfare to report annually to Congress on the enforcement of this Act. Title IV: Marketing Practices Disclosure Act - Marketing Practices Disclosure Act - Amends the Federal Food, Drug, and Cosmetic Act to require that labels on packaged foods contain the names and places of business of the manufacturer, the packer, and the distributor, not, as currently, only one of them. Title V: Consumer Food Grading Act - Consumer Food Grading Act - Directs the Secretary of Agriculture to develop and promulgate a system of retail quality grade designations for consumer food products expressed in a uniform nomenclature, giving consideration to nutritional quality and wholesomeness of food products, as well as acceptability. Title VI: Unit and Item Pricing Act - Unit and Item Pricing Act - Amends the Fair Packaging and Labeling Act to require retailers to mark plainly the total selling price of any packaged consumer commodity on its package, and the retail unit price on either the package or a point of display, like a shelf, in close proximity thereto. Exempts from the requirements of this Act certain small retail outlets, and any retail outlet in any State or political subdivision which has enacted mandatory unit pricing laws which are, in the judgment of the Federal promulgating authority, superior to the requirements of this Act. Title VII: New Ingredient Notification Act - New Ingredient Notification Act - Amends the Federal Food, Drug, and Cosmetic Act to require any food product to carry a label setting forth in a conspicuous manner any change in its ingredients for six months after such change. Title VIII: Misleading Brand Names Act - Misleading Brand Names Act - Amends the Federal Trade Commission Act to make it an unfair or deceptive act or practice to advertise a brand name of a product which inherently misleads the public as to the product's value, quantity, quality of contents, or performance.
United States · United States Congress · 15 January 1979
Amends the Internal Revenue Code to repeal the carryover basis provisions enacted by the Tax Reform Act of 1976 which provide that beneficiaries receiving property from a decedent's estate will retain the decedent's basis in the property. Restores prior law which "stepped up" or "stepped down" the property's basis to its market value at the time of death without imposing tax consequences on the appreciation or depreciation the property underwent while held by the decedent.
United States · United States Congress · 15 January 1979
Prescription Drug Price Information Act - Amends the Federal Food, Drug, and Cosmetic Act to require retailers of prescription drugs to post the prices of certain commonly prescribed drugs for the general public. Directs each drug retailer to prominently post a list of the prices of the 100 prescription drug products that had the highest dollar volume of retail sales by such drug retailer within a period to be determined by the Secretary of Health, Education, and Welfare. Requires the posting for each such drug to: (1) list the drug product under its established name (if any) and its proprietary name (if any); and (2) contain the lowest price at which such drug product is offered for sale by such retailer for a quantity which the Secretary determines is the quantity in which the drug product is most commonly dispensed. Prohibits the sale of any prescription drug product whose price is so posted: (1) at a unit price greater than the posted one, if the quantity sold is equal to or greater than the posted quantity; or (2) at a unit price greater than 110 percent of the posted one, if the quantity sold is less than the posted quantity.
United States · United States Congress · 15 January 1979
Amends the Federal Election Campaign Act of 1971 to add Title V: Financing of General Election Campaigns for the House of Representatives. Directs the Secretary of the Treasury to maintain, in the Presidential Election Campaign Fund, the House of Representatives Election Campaign Account. Sets forth eligibility requirements to be met by candidates for election to the House of Representatives seeking payments from such Account. Limits expenditures from personal funds which may be made by candidates meeting such eligibility requirements. Entitles eligible candidates to matching payments and sets forth the procedure for determining the amounts of these payments. Stipulates that the aggregate payments to all candidates in an election shall not exceed three times the maximum amount payable in matching funds. Suspends certain expenditure limitations on eligible candidates if any candidate not eligible to receive payments pursuant to this Act makes expenditures or receives contributions in excess of specified amounts. Sets forth the procedure for requesting matching payments. Sets forth procedures to be followed by the Secretary of the Treasury in maintaining the House of Representatives Election Campaign Account. Directs the Federal Elections Commission to conduct examinations and audits of the campaign accounts of ten percent of the eligible candidates. Provides for the participation of the Commission in judicial proceedings arising under this Act. Authorizes appropriations necessary to carry out the purposes of this Act.
United States · United States Congress · 15 January 1979
Sunset Act of 1979 - Title I: Reauthorization 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 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 committee to deliver a report on the reexamination to the Secretary of the Senate or the Clerk of the House at the date specified in the funding resolution first reported by such committee in 1981 and thereafter 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 purposes, 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 plan and to analyze the plan, 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 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: Tax Expenditures - Requires the Director of the Congressional Budget Office, after consultation with the Joint Committee on Taxation of the Congress, to prepare an inventory of tax expenditure provisions and to submit a report on such inventory to the Committee on Ways and Means of the House and the Senate Finance Committee. Defines the term "tax expenditure provision" as any provision of Federal law which allows a special exclusion, exemption, or deduction in determining liability for any tax or which provides a special credit against any tax, a preferential rate of tax, or a deferral of tax liability. Specifies the contents of the report which include an estimate of the revenue loss from each tax provision. Requires the Director to: (1) submit a revised inventory to each House of Congress by December 1, 1980; (2) revise the inventory after the close of each session of Congress and report such revisions to Congress; and (3) periodically report on congressional action on bills and resolutions which create or affect tax provisions. Directs the House Committee on Ways and Means and the Senate Committee on Finance to prepare a reauthorization schedule for all tax provisions similar to the schedule set out for Federal programs in title I of this Act. Requires Congress to take final action on the reauthorization schedule for tax provisions before the end of the 96th Congress. Provides that each tax expenditure provision shall expire unless it is reauthorized by a law enacted during the Congress in which it is scheduled for review. Sets forth procedures and restrictions for the consideration of bills reauthorizing tax provisions, which are similar to the restrictions and procedures governing bills authorizing new budget authority for Federal programs as described in title I. Requires that the report accompanying a reauthorization bill include specified information. Permits Congress to prescribe technical rules as may be necessary to mitigate adverse effects which might result for taxpayers who rely on a certain tax provision. Title VIII: 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. 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
Requests the Speaker of the House of Representatives to establish a bipartisan Task Force on Federal Regulatory Practices. Directs the task force to investigate and evaluate the extent that Federal regulations achieve intended purposes, and the disproportionate economic effects of Federal regulations on particular segments of society. States that the task force shall identify duplicate regulations and identify methods by which Congress can evaluate the administration of regulatory programs. Authorizes the expenses of the task force to be paid out of the contingent fund of the House in a total amount not to exceed $300,000. Directs the task force to file a report containing its findings and recommendations with the Clerk of the House as soon as practicable before the adjournment sine die of the second session of Congress.
United States · United States Congress · 15 January 1979
Declares it the sense of the Congress that the Secretary of State should seek the good offices of the Secretary General of the United Nations for the purpose of establishing a special investigatory commission charged with the responsibility of securing a full accounting of Americans listed as missing in Southeast Asia.
United States · United States Congress · 13 October 1978
Federal Health Promotion and Disease Prevention Act - Sets forth the finding of Congress that the ultimate objective of the right to health is to preserve health and prevent illness. Directs the Secretary of Health, Education, and Welfare to provide, through grants, for the planning, development, and operation of eight regional preventive medicine centers. Requires that two such centers be located in each of the four major regions of the United States, and, of the two centers, one serve predominantly rural areas and one serve predominantly urban areas. Authorizes appropriations for the planning, development, and operation of such centers. Authorizes the Secretary to make grants to and enter into contracts with public and private entities to provide support for research, development, and demonstration projects in the area of health promotion and disease prevention. Authorizes the Secretary to make grants to public and nonprofit private educational organizations and to regional preventive medicine centers for: (1) health promotion demonstration projects designed to inform children of the social, nutritional, environmental, behavioral, and other factors which pose risks to health; and (2) the develoment and training of health manpower support in the field of preventive medicine. Directs the Secretary to report to the Congress and the President on the goals and activities conducted under this Act.
United States · United States Congress · 13 October 1978
Nuclear Waste Management Act - Title I: Definitions; Declarations of Findings and Purposes - Declares that the purposes of this Act are to establish an independent agency to be known as the Nuclear Waste Management Authority which shall have sole responsibility for the decontamination, storage, and disposal of all nuclear wastes as well as surplus, obsolete, or abandoned radioactive facilities; to direct the Environmental Protection Agency to promulgate health and safety standards with respect to ionizing emissions from radioactive substances; and to direct the Nuclear Regulatory Commission to license the setting, design, and construction of nuclear waste facilities. Title II: The Nuclear Waste Management Authority - Creates the Nuclear Waste Management Authority as an independent executive agency. Requires the Director of the Authority to establish a plan together with cost estimates and an analysis of the social and environmental impacts for the temporary and permanent treatment and disposal of all nuclear wastes, as well as obsolete, surplus, or abandoned radioactive facilities and sites in existence now or in the future which have been produced by the use of nuclear energy since January 1, 1940. Requires the Director to establish and operate nuclear waste facilities and to establish programs for the treatment and disposal of nuclear wastes. Requires the establishment of fees or user charges for the use of nuclear waste facilities or nuclear treatment and disposal programs. Requires the Department of Defense, the Department of Energy, and the Nuclear Regulatory Commission to furnish the Director with a complete inventory of all nuclear wastes, nuclear fuels, radioactive materials and facilities and sites in their possession or in private ownership under their control or license. Requires the Director to report to the President, the Congress, and the International Atomic Energy Agency annually concerning any substantial loss of nuclear fuel or waste. Directs the Board of Directors, in association with specified agencies, to undertake a study to determine, among other things: (1) the quantity and types of presently existing nuclear waste and radioactive facilities and sites and the quantity and types of such wastes, facilities, and sites that will exist on January 1, 2000, and on January 1, 2020; (2) the number of nuclear waste facilities required to handle the amount of wastes estimated to be generated by January 1, 2000, and January 1, 2020; (3) the types of technology and design to be used at such facilities; (4) the appropriate construction schedule for each such facility; (4) potential sites for such facilities; (5) estimated construction and operation costs; (6) a user fee schedule for use of such facilities; (7) guidelines for the transportation of radioactive waste; and (8) appropriate methods for decommissioning radioactive facilities and sites. Stipulates that such sites must be capable of containing all the material disposed of therein without human intervention beginning 125 years after the date of disposal and following that date for a period of 25,000 years. Directs the Director to issue a report of the results of such study to be submitted to the President, Congress, and the Governor of any State selected as a potential site for a nuclear waste facility. Directs the Secretary of Energy to hold hearings in each such State to allow public participation on proposals for establishing a nuclear waste facility in such State. Authorizes the Governor of any affected State to disapprove the Director's selection of any site for a nuclear waste facility in that State. Directs the Director to issue a Plan for the Management of Nuclear Wastes and for the Decommissioning and Decontamination of Radioactive Facilities and Sites within three years of the date of enactment of this Act, or, if the number of approved sites is less than anticipated needs, within four years, and sets forth components of such plan. Specifies alternate components of such plan in the event such anticipated needs can not be met. Sets forth the Director's authority with respect to personnel necessary to perform the functions created by this Act. Stipulates that the Director shall have access to all nuclear wastes, nuclear waste facilities, and surplus, obsolete, or abandoned radioactive facilities. Authorizes the Secretary of Energy or any other former owner, upon one year's notice to the Director, to reclaim any irradiated, abandoned, or "spent" nuclear fuel or fuel assemblies if such reclamation can be carried out in a manner which will not present future or present health and safety problems for humans or other living beings. Stipulates that the Authority shall take title to and custody of all nuclear wastes delivered to an operating nuclear waste facility in the specified manner. Title III: Research and Development - Authorizes the Secretary of Energy and the Authority to undertake all research and development necessary to carry out the purposes of this Act. Authorizes the Nuclear Regulatory Commission to require the Secretary: (1) to post bond for the decontamination of sites and facilities used for such development work if it is determined that such work may cause hazardous radioactive contamination of physical facilities, the environment, geological formations or aquifers; or (2) to cease such development work if it is determined the potential for accident is unreasonably high, until such potential is reduced. Title IV: Powers of the Environmental Protection Agency - Directs the Environmental Protection Agency to determine and promulgate such standards as will be necessary to protect the health and safety of humans and other living beings from hazardous exposure to ionizing emissions from radioactive substances and materials. Directs the Agency to determine those conditions under which the migration of nuclear wastes and materials from radioactive facilities and nuclear waste facilities shall constitute a hazard or danger to the health and safety of future generations. Directs the Agency to submit such standards to the President, the Congress, and the Nuclear Regulatory Commission within one year after enactment of this Act, and to report every five years concerning the necessity for revising such standards. Title V: Powers of the Nuclear Regulatory Commission - Stipulates that the Nuclear Regulatory Commission shall have licensing and related regulatory authority with regard to the operation of existing or future nuclear waste facilities, the transportation, processing, storage, and disposal of nuclear wastes as well as the decontamination and decommission of surplus, obsolete, or abandoned radioactive facilities and sites. Directs the Commission every ten years to review licenses granted under this Act to determine whether the original conditions and provisos are sufficient to assure the health and safety of present and future generations in light of the advancement of knowledge since the date of issuance. Title VI: Transfers of Authority - Transfers the functions, powers, authorizations for appropriations and appropriations of the Department of Energy relating to nuclear wastes and waste facilities to the Authority. Transfers all regulatory and licensing powers and functions of the Environmental Protection Agency with regard to the disposal of nuclear wastes or radioactive materials in any body of water to the Nuclear Regulatory Commission. Title VII: Authorization of Appropriations and Reports - Authorizes appropriations for the establishment and operation of the Authority during each fiscal year. Requires the Director of the Authority, the Secretary of the Department of Energy, the Administrator of the Environmental Protection Agency and the Chairman of the Nuclear Regulatory Commission to make a report to the President at the end of each fiscal year for submission to the Congress concerning their activities during the preceding year pursuant to the powers granted them by this Act. Requires that such reports include a detailed statement of goals, expenditures, plans and income projected for the ensuing two years. Title VIII: Separability and Consistency with Existing Laws - Stipulates that nothing in the Atomic Energy Act or contained in any other applicable law of the United States shall supervene or take precedence over the provisions of this Act. Stipulates that if any portion of this Act or its application shall be declared invalid the other provisions of this Act or their application shall not be affected.