United States · United States Congress · 10 March 1980
National Commission on Compulsive Gambling Act - Establishes a 22-member, part-time National Commission on Compulsive Gambling to conduct a study of compulsive gambling and related problems, including specified assessments. Directs the Commission to submit a final report to the President and Congress within one year of the availability of funds for such purpose.
United States · United States Congress · 5 March 1980
Expresses the sense of the House of Representatives that the first concurrent resolution on the budget for fiscal year 1981 reported by the Committee on the Budget shall limit budget outlays to 21 percent of the gross national product.
United States · United States Congress · 28 February 1980
Resource Conservation and Development Act of 1980 - Directs the Secretary of Agriculture to establish a resource conservation and development program to assist States, local units of government, and local nonprofit organizations to operate and maintain a planning process for land conservation and utilization, natural resources development, and rural economic and environmental improvement. Authorizes the Secretary to: (1) provide technical assistance in developing area plans for designated rural areas; (2) cooperate in conducting surveys and inventories, disseminating information, and developing area plans; (3) assist in the carrying out of approved area plans by local public agencies and nonprofit organizations designated by States; and (4) enter into specified agreements. Sets forth terms and conditions of agreements which must be met if the Secretary is to provide any technical or financial assistance, including loans, to a State agency, local government, or local nonprofit organization in carrying out works of improvement specified in an approved area plan. Permits the identification of groups or problems for special consideration in area plans. Declares that the authority of the Secretary under this Act shall be supplemental and not in lieu of any authority of the Secretary under any other provision of law. Directs the Secretary to establish within the Department of Agriculture a Resource Conservation and Development Policy Board to advise the Secretary regarding the administration of this Act. Directs the Secretary to evaluate the program provided for in this Act and to report on such evaluation, with recommendations. Authorizes appropriations necessary to carry out this Act, with specified annual limits on technical and financial assistance and on loans.
United States · United States Congress · 27 February 1980
Food Security Act of 1980 - Declares it to be U.S. policy to develop a wheat reserve solely to provide for emergency food needs in developing countries. Directs the President, in order to carry out such policy, to establish a reserve stock of wheat of up to 4,000,000 metric tons for specified purposes. Permits stocks of wheat for such reserve to be acquired: (1) through purchases from producers or in the market, if the Secretary of Agriculture determines that such purchases will not unduly disrupt the market; and (2) by designation by the Secretary of stocks of wheat acquired by the Commodity Credit Corporation. Authorizes the President to release such designated or acquired wheat reserve stocks to provide, on a donation or sale basis, emergency food assistance to developing countries at any time that the U.S. domestic wheat supply is so limited that quantities cannot be made available for disposition, except for humanitarian purposes, under the Agricultural Trade Development and Assistance Act of 1954. Provides that up to 300,000 tons of wheat may be released from the reserve in any fiscal year for use under such Act in providing urgent humanitarian relief in developing countries which suffer major disasters (as determined by the President), in circumstances of unanticipated and exceptional need when the normal means of obtaining food assistance make timely programming impossible. Directs the President to report to the appropriate congressional committees on wheat so released and its timely replenishment. Allows such wheat to be processed in the U.S. and shipped to the recipient country as wheat flour, when necessary. Requires that such wheat be made available under such Act, with specified provisions as to determinations of availability inapplicable thereto. Directs the Secretary to provide for reserve management as to location and class of wheat needed to meet emergencies, rotation to avoid spoilage and deterioration, and prompt equivalent replacement of removed quantities. Specifies that stocks of wheat shall not: (1) be considered a part of the total domestic supply (including carryover) for certain purposes; or (2) be subject to any quantitative export limitations under the Export Administration Act of 1979. Directs the Secretary to utilize the funds and authorities of the Commodity Credit Corporation in carrying out this Act, except that any restrictions applicable to the acquisition, storage, or disposition of Corporation owned or controlled commodities shall not apply to wheat for or in the reserve. Requires that the Corporation be reimbursed for actual costs under such program. Declares final any determination by the President or the Secretary under this Act. Provides that: (1) this Act shall take effect on October 1, 1980; (2) the authorities of this Act shall expire on September 30, 1983; and (3) any wheat in the reserve when such authorities expire shall be distributed under the Agricultural Trade Development and Assistance Act in fiscal year 1984 and subsequent fiscal years.
United States · United States Congress · 27 February 1980
Amends the Powerplant and Industrial Fuel Use Act of 1978 to limit the sum of all severance taxes or fees, for any fiscal year, levied upon or collected from any taxpayer by a State or any political subdivision thereof on coal destined for shipment in interstate commerce for use in any powerplant or major fuel-burning installation or on any improvements or other rights, property, or assets produced, owned, or used in connection with the production of such coal. States that such tax shall not exceed a total of 12 1/2 percent of the value of such coal produced during a fiscal year.
United States · United States Congress · 26 February 1980
Directs the Joint Committee of Congress on the Library to procure a bust or statute of Frederick Douglas, to be placed in a suitable location in the Capitol.
United States · United States Congress · 25 February 1980
Authorizes the President to present, on behalf of the Congress, a specially struck gold medal to the Smithsonian Institution in recognition of the athletes who have prepared for the 1980 summer Olympics and who will sacrifice their personal goals in furtherance of United States foreign policy. Authorizes the Secretary of the Treasury to cause duplicates of such medal in bronze for sale to the general public.
United States · United States Congress · 22 February 1980
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to increase from $255 to $750 the amount of the lump-sum death payment allowed thereunder, in the case of an individual whose estate is valued at $5,000 or less.
United States · United States Congress · 19 February 1980
Prohibits the Secretary of Health and Human Services (formerly, the Secretary of Health, Education, and Welfare) from promulgating a proposed rule applicable to vitamin and mineral products for over-the-counter human use published on March 16, 1979, or from taking any other action which would have the same effect as such proposed rule.
United States · United States Congress · 12 February 1980
United States Olympic Development Fund Checkoff Act of 1979 - Amends the Internal Revenue Code to permit taxpayers to designate on their income tax returns that either $1 of any tax refund or $1 of any contribution which the taxpayer forwards with his tax return shall be payable to the United States Olympic Development Fund. Establishes the United States Olympic Development Fund under the auspices of the Secretary of the Treasury for the receipt of tax contributions and payments to the United States Olympic Development Fund. Directs the United States Olympic Committee to use such funds for a program to expand and improve amateur athletics in the United States. Requires reports on the expenditure of such funds to be submitted by the United States Olympic Committee and the President's Council on Physical Fitness and Sports.
United States · United States Congress · 5 February 1980
Paperwork Reduction Act of 1980 - Establishes, within the Office of Management and Budget (OMB), the Office of Federal Information Policy (OFIP) to provide overall direction for the development and implementation of Federal information policies which include guidelines concerning: (1) the reduction of the Government paperwork burden on the public; (2) records management activities; and (3) the privacy of records pertaining to individuals. Requires the Director of OMB to appoint an Administrator of OFIP. Sets forth functions of the Director with respect to Federal information collection and management in the following categories: (1) general information policy functions; (2) information collection request clearance and other paperwork functions; (3) statistical policy and coordination functions; (4) records management functions; (5) privacy of information functions; and (6) automatic data processing and telecommunications functions. Requires the Director to ensure that agencies: (1) provide a substantial opportunity for the public to comment on the means of collecting information with regard to a proposed rule; and (2) assess alternative methods of attaining the statutory goals of such a rule. Requires the Director, within one year after enactment of this Act: (1) to establish requirements and assign responsibility for agency and Government-wide audits of all major information systems; (2) to establish the Federal Information Locator System; (3) to develop a schedule for eliminating any duplication of information collection requests by the Government; and (4) in consultation with the Administrator of General Services, to develop a five-year plan for meeting the automatic data processing and telecommunication needs of the Government. Directs the Director, within two years after this Act is enacted: (1) to establish a system for integrating the various information management practices; (2) to develop a program to enforce Federal information processing standards and to revitalize the standards development program; (3) to complete action on recommendations of the Commission on Federal Paperwork; and (4) to submit to the President and Congress legislative proposals to remove inconsistencies in laws involving privacy, confidentiality and disclosure of information. Requires each agency: (1) to carry out its information management activities in an economical manner; (2) to inventory its major information systems and review, periodically, its management activities; (3) to ensure that its systems do not overlap each other or duplicate systems of other agencies; (4) to develop procedures for assessing the paperwork burden of its collection activities; and (5) assign an official to be responsible for acquisitions of automatic data processing equipment and services. Requires an agency, before collecting any information, to: (1) eliminate reporting requirements which seek information which is available through another Government source; (2) minimize the compliance burden on respondents; (3) plan the tabulation of the information in a manner which maximizes its usefulness to other agencies; and (4) obtain the Director's approval of such collection. Requires the Director to approve or disapprove any collection request within 60 days of receiving it. Allows the Director, when considering a request, to provide an opportunity for the agency or other interested persons to submit oral or written statements. Authorizes the Director: (1) to designate a single collection agency for two or more agencies; and (2) to direct the disclosure of confidential information from one agency to another under specified conditions. Establishes, within OFIP, a Federal Information Locator System composed of a dictionary of information resources, a data element dictionary, and an information referral service. States that the System shall serve as the authoritative register of all information requests. Requires the Director: (1) to design an index for the System; (2) to require each agency head to submit for inclusion in the System a data profile of each information request of that agency; (3) to compare proposed information requests with existing requests through the System; and (4) to ensure that no actual data, excluding descriptive data which is necessary to locate information or identify duplicative data, is included in the System. Declares that no person shall be subject to any penalty for failing to provide information to an agency if such agency requested such information after December 31, 1981, in violation of procedures under this Act. Requires the Director: (1) to review the information management activities of each agency at least once every three years; (2) to report the findings to the agency and specified committees of Congress; (3) to keep Congress fully informed of major activities under this Act; and (4) to submit to the President of the Senate and the Speaker of the House an annual report on such activities. Specifies the contents of such report. Declares that an agency's authority under any other law to prescribe rules or forms for Federal information activities shall be subject to the Director's authority under this Act. Grants the Comptroller General access to all records of OFIP. Authorizes appropriations to carry out the provisions of this Act. Requires the Administrator of General Services: (1) to include in an annual report to Congress and the Director estimates of the lost benefits or savings resulting from the failure of agencies to implement the Administrator's recommendations; and (2) to assist the Administrator of OFIP in conducting studies and developing standards relating to records retention requirements of Federal agencies. Requires the President and the Director of OMB to delegate specified Federal information functions to the Administrator.
United States · United States Congress · 5 February 1980
Establishes the Women's Rights National Historical Park in Seneca Falls, New York, to preserve and interpret the nationally significant historical and cultural sites and structures associated with the formal beginning of the struggle for equal rights for women. Authorizes the Secretary of the Interior to acquire such land, or interest therein he deems necessary, by donation, purchase with donated or appropriated funds, or exchange. Limits fee acquisition to specified Women's Rights Historic Sites in Seneca Falls, New York. Directs the Secretary to encourage local and State agencies to establish a preservation commission to develop and implement a plan for the preservation and rehabilitation of the area within the park boundary. Authorizes the Secretary to provide technical assistance and funding for such plan, up to a limit of 50 percent of the total cost. Establishes the Women's Rights National Historical Park Advisory Commission. Terminates such commission 10 years after the date of establishment of the park. Authorizes the Secretary to enter into cooperative agreements with appropriate nonprofit entities for developing and implementing programs related to the women's rights movement. Directs the Secretary, within three years, to submit to specified Congressional committees, a general management plan for the women's rights historic sites. Requires any Federal entity conducting or supporting activities directly affecting the park to consult with the Secretary prior to the issuance of final approval for such activity, license, or permit.
United States · United States Congress · 31 January 1980
Establishes a Commission on More Effective Government to study and recommend ways of promoting economy, efficiency, and improved service within the Federal Government. Directs the Commission to recommend methods to improve the relationship between Federal, State, and local governments. Provides for the appointment of members of the Commission by the President, the Speaker of the House of Representatives, and the President pro tempore of the Senate. Sets forth provisions governing the organization and compensation of the Commission and its staff. Empowers the Commission to establish advisory councils and committees as it deems appropriate without regard to the provisions of the Federal Advisory Committee Act. Sets forth the powers of the Commission enabling it to gather information free from subsequent review or comment by any Federal agency. Directs the Commission to submit its final report to the Congress ten days after the Ninety-eighth Congress convenes. Terminates the Commission 90 days after such date. Authorizes the appropriation of funds necessary to carry out this Act.
United States · United States Congress · 30 January 1980
Vietnam Era Veterans Agent Orange Act - Establishes a presumption of service-connected disability for certain diseases arising in Vietnam-era veterans (and for birth defects in their children) exposed to agent orange.
United States · United States Congress · 30 January 1980
Amends rule X of the Rules of the House of Representatives to establish a standing Committee on Energy to investigate and report on: (1) national energy policy generally; (2) measures relating to the production, supply, marketing, pricing, regulation, or conservation of energy resources, except on the public lands; (3) the transmission and marketing of all electrical energy, except by or through federally chartered regional or national power authorities and for rural electrification; and (4) all interstate energy compacts, except on the public lands. Specifies that such committee shall have the same jurisdiction with respect to regulation of nuclear facilities and use of nuclear energy as it has with respect to regulation of nonnuclear facilities and of use of nonnuclear energy.
United States · United States Congress · 30 January 1980
Amends rule X of the Rules of the House of Representatives to establish a standing Committee on Energy to investigate and report on: (1) national energy policy generally; (2) measures relating to the production, supply, marketing, pricing, regulation, or conservation of energy resources, except on the public lands; (3) the transmission and marketing of all electrical energy, except by or through federally chartered regional or national power authorities and for rural electrification; and (4) all interstate energy compacts, except on the public lands. Specifies that such committee shall have the same jurisdiction with respect to regulation of nuclear facilities and use of nuclear energy as it has with respect to regulation of nonnuclear facilities and of use of nonnuclear energy.
United States · United States Congress · 30 January 1980
Urges the President to: (1) notify the Soviet Union that the United States will terminate the Agreement on Maritime Matters, unless Soviet troops are withdrawn from Afghanistan; and (2) refuse the Soviets permission to enter U.S. ports, until such troops are withdrawn.
United States · United States Congress · 29 January 1980
Expresses the sense of the House of Representatives that athletic games should be held in the United States for U.S. and foreign athletes, if the United States does not participate in the 1980 summer Olympic games.
United States · United States Congress · 24 January 1980
Individual Investors' Incentive Act of 1980 - Amends the Internal Revenue Code to allow individual taxpayers a nonrefundable income tax credit equal to ten percent of the cost of corporate securities purchased by such taxpayer during the taxable year. Limits the dollar amount of such credit to $1,000 ($2,000 for married individuals filing jointly). Requires the recapture of specified amounts of such credit if any securities for which the credit is allowed are disposed of by the taxpayer within one year of their purchase. Disqualifies estates, trusts, and nonresident aliens from eligibility for the credit.
United States · United States Congress · 22 January 1980
Authorizes and requests the President to issue a proclamation honoring the memory of Walt Disney on the 25th anniversary of his contribution to the American dream.
United States · United States Congress · 22 January 1980
Expresses the sense of the Congress that the President should call upon the U.N. Secretary General to direct the Commission on Human Rights to convene an international inquiry committee, if the American hostages in Iran are brought to trial.
United States · United States Congress · 17 January 1980
Urges the President to take the following measures to counter Soviet aggression in Afghanistan: (1) ban the export of grain and high technology to the Soviet Union; (2) negotiate with other nations to halt all grain exports to the Soviet Union; (3) ban loans and credits to the Soviet Union and negotiate with other countries to do the same; (4) withdraw from participation in the 1980 summer Olympic games in Moscow and encourage other nations to seek the relocation of such games; and (5) declare travel by U.S. citizens in the Soviet Union hazardous. Directs the President to report to Congress concerning such measures.
United States · United States Congress · 20 December 1979
Provides for an exemption from the windfall profits tax for independent oil producers for an amount equal to 1,000 barrels of crude oil multiplied by the number of days in the taxable period.
United States · United States Congress · 20 December 1979
Expresses the sense of the Congress that the people of the United States should observe December 23, 1979, as a national day of prayer and meditation for the hostages in Iran.
United States · United States Congress · 19 December 1979
Veterans Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standard currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. Stipulates that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the size of the Board of Veterans' Appeals from 50 to 65 members. Requires the Chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board: (1) to provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; (2) provide the claimant with an opportunity for a hearing; and (3) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreements with respect to a material issue in a veterans' appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimants' right to examine and obtain a copy of such record; and (6) the exclusivity of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of procedural rights and procedures. Directs the Administrator to conduct a study of two alternate claims resolution methods, one a new intermediate-level adjudication process, the other an enhanced schedule of formal Appeals Board hearings. Title II: Veterans' Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States, with regard to jurisdiction: (1) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (2) that in cases not directly involving a claim for benefits a civil action otherwise authorized by law shall not be precluded; (3) the definition of final decision; (4) that the judicial review procedures established under this Act shall not apply to insurance and home loans; (5) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; and (6) that the court render a decision on the pleadings. States, with regard to the reviewing court's scope of review, that such court: (1) decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, such court may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits' awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before court, as provided for under this Act. Stipulates that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. Establishes procedures for the review of the VA's or a court's approval of attorneys' fees. States that in the case of a benefits claim resolved before the VA, either the claimant or the attorney may challenge the award in the Federal district court in which the claimant resides or has his principal place of business within 30 days after notice of the attorneys' award. States that in the case of such a claim resolved in court, either the claimant or the attorney may challenge the award in such court within 30 days after such award. Provides that all parties be given notice. Stipulates that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - States that this Act shall become effective 180 days after enactment. Permits review of Board of Veterans' Appeals rendered on or after January 1, 1977, and prior to the effective date of this Act.
United States · United States Congress · 14 December 1979
Amends the Older Americans Act of 1965 to require that States, to be eligible for grants under such Act, submit plans which assure that, if a substantial number of older individuals residing in any planning and service area are of limited English-speaking ability, the area agency on aging will be required to: (1) utilize outreach service delivery workers who are fluent in the language spoken by the predominant number of such individuals; and (2) designate an employee, or another person available on a full-time basis, whose responsibilities will include: (a) making counseling available to such individuals to help them participate in programs and receive assistance under such Act; and (b) enabling social service delivery workers to take into account cultural sensitivities and linguistic differences.
United States · United States Congress · 6 December 1979
Telephone Privacy Act - Amends the Communications Act of 1934 to prohibit unsolicited commercial telephone calls to a telephone subscriber who has notified the telephone company that he does not wish to receive such calls. Directs the Federal Communications Commission to prescribe regulations specifying the manner in which a telephone subscriber shall notify the telephone company that he does not wish to receive unsolicited calls. Prescribes criminal penalties for violations of this Act. Excludes from the definition of "unsolicited commercial telephone calls" calls made in response to an express request of the individual called or made in connection with an overdue debt or contractual obligation.
United States · United States Congress · 6 December 1979
Expresses the sense of Congress that the President should establish a Federal strike force and implement a program in each Federal judicial district for the purposes of investigating and prosecuting members of outlaw motorcycle gangs who commit Federal crimes.
United States · United States Congress · 28 November 1979
Amends the State and Local Fiscal Assistance Act of 1972 to add a fourth title, "Fiscal Assistance During Periods of Recession," which authorizes the Secretary of the Treasury to make payments to State and local governments during calendar quarters in which there is a decline in real wages, salaries, and the gross national product. Authorizes appropriations of up to $1,000,000,000 for such payments made during the calendar quarters of fiscal year 1980. Establishes ceilings on appropriations for each such quarter. Requires one-third of such appropriations to be allocated to State governments and two-thirds to local governments. Sets forth formulas for determining the amount of such allocations to State and local governments. Directs the Secretary to receive assurances from each State and unit of local government before issuing payments that: (1) standard fiscal, accounting, and auditing practices will be used; (2) the Secretary and the Comptroller General will be given access to documents in order to review compliance; (3) reports required by the Secretary will be furnished; (4) the State or unit of local government will comply with provisions of law prohibiting discrimination on the basis of race, color, national origin, age, or handicapped condition; (5) the State or unit of local government will comply with the wage standards under the Davis-Bacon Act; and (6) expenditure of payments received will be in accordance with laws and procedures applicable to a State's or unit of local government's own revenues. Authorizes the Secretary to withhold payments for a failure to comply with requirements of this title. Directs the Secretary to submit annual and quarterly reports to the Congress when payments have been made under such program. Grants the Secretary authority to prescribe rules to implement this Act. Authorizes appropriations as may be necessary for administration of this Act. Authorizes appropriations for such countercyclical payments to Puerto Rico, Guam, and the Virgin Islands. Sets forth a formula for determining the amount of such payments. Permits the governments of the territories to allocate portions of such payments to their local governments as they deem appropriate. Adds a fifth title, "Targeted Fiscal Assistance" which authorizes the Secretary to make additional payments to units of local government experiencing higher rates of unemployment. Authorizes appropriations of $150,000,000 for such payments in fiscal year 1980. Sets forth formulas for determining eligibility and amounts of such payments. Directs the Secretary to receive assurances from each unit of local government identical to those required under title IV before issuing payments. Authorizes the Secretary to withhold payments to enforce compliance. Directs the Secretary to issue such payments by: (1) 90 days from the enactment of appropriations; or (2) April 1, 1980, whichever is earlier. Requires the Secretary to submit an annual report to the Congress on the targeted fiscal assistance program. Empowers the Secretary to promulgate regulations to implement such program. Authorizes necessary appropriations for administrative expenses. Authorizes appropriations and establishes formulas for issuing fiscal assistance payments to Puerto Rico, Guam, and the Virgin Islands. Authorizes the governments of the territories to allocate appropriate portions of such payments to their local governments. Repeals title II of the Public Works Employment Act of 1976.
United States · United States Congress · 16 November 1979
Federal Privacy of Medical Information Act - States the purposes of this Act to be: (1) to establish procedures allowing patients to inspect and amend medical information about them; (2) to define the circumstances under which individually identifiable medical information may be disclosed with or without patient consent; and (3) to make it a crime to request or obtain medical information from medical care facilities under false pretenses. Title I: Privacy of Medical Information - Part A - Definitions, Effect on Other Law, and Rights of Minors and Incompetents - Defines "accounting", with regard to medical information disclosure, as the recording of the date, nature, and purpose of such disclosure; and the name and business address of the person to whom the disclosure was made. Defines "aggravated property destruction" as property damage (in excess of $500) causing a significant impairment of use. Defines "audit" as an evaluation relating to: (1) the applicability of legal, medical, fiscal, or scientific standards; (2) the licensing or certification of medical facilities or personnel; or (3) medical peer review. Defines "employee" to include students or faculty members of a school affiliated with a medical care facility. Defines "government authority" as any Federal, State, or local entity, officer, employee, or agent. Defines "health research project" as a biomedical, epidemiologic, or health services research or statistics project. Defines "institutional review board" as: (1) a board established in accordance with regulations of the Secretary of Health and Human Services (formerly, the Secretary of Health, Education, and Welfare); (2) a similar board established under regulations of another Federal Government authority; or (3) a similar board which meets such requirements as the Secretary may specify. Defines "appropriate institutional review board" (with respect to a health research project intending to use medical information maintained by a researcher or facility) as: (1) the institutional review board for the organization sponsoring the project; (2) the institutional review board for the facility or researcher; (3) the institutional review board for another medical facility or institution which maintains medical information also intended to be used in the project; or (4) an institutional review board established or designated by the Secretary. Defines "medical information" as material that: (1) contains information relating to the health, examination, care, or treatment of a patient, or is to be added to such material under the provisions of this title; and (2) is in a form enabling the patient to be identified. Defines "law enforcement inquiry" as a lawful investigation or official inquiry into a violation or failure to comply with any criminal or civil statute, or related regulation, rule, or order. Defines "medical care facility" as: (1) a hospital or skilled nursing facility; (2) an intermediate care facility certified by a State agency for participation in a program under title XIX of the Social Security Act; (3) an intermediate care facility, outpatient clinic, or ambulatory care facility operated by a Federal Government authority; or (4) an outpatient clinic or ambulatory care facility receiving funds from a Federal Government authority under a grant or contract under the Public Health Service Act, title V of the Social Security Act, the Community Mental Health Centers Act, the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, or the Drug Abuse Office and Treatment Act of 1972, if the clinic or facility is subject to the provisions of this Act. Stipulates that such term does not include any prison facility or any facility located outside the United States. Prohibits any State or local law from authorizing or compelling the disclosure of medical information protected under this Act. Sets forth the rights of incompetents and minors. Part B - Rights of Inspection, Correction, and Notice, and Authorized Disclosure - Requires medical care facilities to permit individuals to inspect and get copies of their medical records. States that the medical care facility may: (1) require a written request for the inspection and copying of such information; (2) not charge an inspection fee; and (3) charge a reasonable copying fee. Requires a medical facility to reply to such an information or copy request within 30 days. States that such a request may not be compiled with if: (1) inspection or copying of the information would, in the medical judgment of the facility, harm the patient; (2) the information concerns mental health treatment and the facility does not permit disclosure of such information without the patient's authorization, or only under compulsion of law; (3) the information concerns mental health treatment of an individual other than a patient; (4) the information is used for administrative purposes; or (5) the information is compiled in connection with a civil suit. Requires a written statement explaining the reasons for any such request denial to be provided by the facility to the patient (or designated representative). Sets forth procedures for a patient to correct or supplement such medical information. Requires a medical care facility to prepare a written notice of information practices describing: (1) disclosures that may be made without a patient's written authorization; and (2) related rights and procedures. Requires a facility to provide such information upon request, and to make reasonable efforts to inform patients of the existence and availability of such information. Prohibits a medical care facility from disclosing medical information: (1) to anyone other than a patient or designated representative, unless so authorized by the patient or otherwise permitted under this Act; and (2) to anyone not properly identified. Sets forth patient disclosure requirements, including: (1) particularity of information, recipient, and facility; and (2) written, dated, and signed (by the patient) authorization. Permits such authorization to be revoked or amended by the patient. Part C - Disclosure of Medical Information Without Specific Information - Authorizes a medical care facility to disclose patient information without authorization: (1) to aid a facility employee in the performance of his/her duties; (2) to a medical professional in connection with the care of a specific patient; (3) for admission and health status purposes; (4) for use in specified health research projects; (5) for purposes of specified audits; (6) to assist in the identification of a dead person; (7) to alleviate emergency circumstances affecting a person's health or safety, or involving imminent danger of aggravated property destruction; (8) pursuant to legal requirements concerning public health, child abuse, law enforcement, court-ordered examinations, or Federal medical facilities; (9) for specified Secret Service and foreign intelligence purposes (with a written certification specifying the information requested); (10) to the next of kin; (11) for specified law enforcement purposes (with a written certification specifying the information requested); (12) pursuant to a subpena, summons, warrant or search warrant; and (13) with regard to certain veterans' or uniformed services' benefits, or other specified Federal medical care facilities or services. States that medical information disclosed without patient authorization to a Federal grand jury shall: (1) be returnable on a date when the grand jury is in session; (2) be used only to decide to issue an indictment or report, or for prosecuting a crime for which such indictment has been issued, or for specified purposes the Federal Rules of Criminal Procedure; and (3) not be maintained by any government authority, other than in the sealed records of the grand jury, unless such information has been used in the prosecution of a crime for which the grand jury issued an indictment or for a specified purpose authorized by the Federal Rules of Criminal Procedure. Part D - Access Procedures, Challenge Rights, and Reporting - Prohibits a governmental authority from obtaining medical information about a person for use in a law enforcement inquiry pursuant to an administrative summons, subpena, or warrant, or a judicial summons or subpena unless: (1) reasonable grounds exist for believing such information to be relevant to the inquiry; (2) a copy of such summons or subpena has been served upon the person (or to his/her last known address), together with notice of such person's right to challenge such summons or notice; and (3) ten days have passed from the date of service, or 14 days from the date of mailing, and no such challenge has been initiated, or disclosure is ordered by a court. Requires a governmental authority that secures medical information about a person from a medical facility pursuant to a search warrant to serve a copy of the warrant upon such person within 45 days. Permits a governmental authority to delay notifying an individual regarding a summons or subpena if a court finds that: (1) the governmental inquiry is lawful; (2) reasonable grounds exist to believe that the medical information is relevant to such inquiry; (3) the government's need outweighs the individual's privacy interest; and (4) reasonable grounds exist to believe that notifying the individual will result in endangering someone's life or safety, flight from prosecution, destruction of evidence, or intimidation of witnesses. Authorizes an individual to challenge a governmental summons or subpena requesting medical information about such individual. Requires a court in weighing a governmental request against a patient's challenge to consider: (1) the purpose for which the medical information was gathered; (2) the degree to which disclosure injures or invades the patient's privacy; (3) the effect of disclosure upon the patient's future treatment; (4) the importance of the governmental inquiry, and the importance of the information to that inquiry; and (5) any other relevant factors. Places the burden on the individual to show that his/her privacy interest outweighs the governmental interest. Authorizes the court to assess attorney and related fees against the Federal authority if the challenging patient prevails. Sets forth access and challenge procedures for obtaining medical information pursuant to an administrative summons subpena, or warrant or a judicial summons, subpena, or search warrant. Requires the Director of the Administrative Office of the United States courts to include in his annual report to Congress information regarding the number of patient challenges and delays of notice sought by the government. Part E - Enforcement - Establishes criminal penalties of: (1) not more than $10,000 and/or six months imprisonment for falsely obtaining or requesting medical information; (2) not more than $30,000 and/or five years imprisonment for falsely obtaining or requesting, and intentionally selling, such information; and (3) not more than $30,000 and/or five years imprisonment for unlawfully taking such information and selling it. Authorizes an individual whose rights have been violated under this Act to maintain a civil suit against a governmental officer or employee, the governmental authority, or the medical care facility or personnel. Provides that United States district courts shall have jurisdiction in such actions. Authorizes in specified circumstances, the awarding of punitive damages and attorney and related fees. Directs the Secretary to publish a model notice of information practices describing the disclosures and rights of patients required to be included in the notices of information practices required by this Act. Title II: Amendment to Title 5, United States Code - Exempts medical information maintained by a medical care facility subject to title I of this Act from certain agency disclosure provisions. Title III: Transition and Effective Dates - States that the provisions of this Act shall: (1) continue to apply to medical information obtained by a medical care facility no longer in operation; and (2) become effective with regard to Federal medical care facilities on the first day of the first calendar quarter beginning more than one year after the date of enactment of this Act.
United States · United States Congress · 13 November 1979
Expresses the sense of Congress that the President should terminate all military training of Iranian personnel pursuant to sales under the Arms Export Control Act.
United States · United States Congress · 9 November 1979
Municipal Resources Management Act of 1979 - Amends the Solid Waste Disposal Act to include among the objectives of the State and Regional Solid Waste Plan provisions of such Act the maximum utilization of energy and materials recoverable from solid waste. Amends such Act to include among the considerations for promulgating State Plan guidelines the existence of available new and additional markets for energy and energy resources recovered from solid waste. Makes a State eligible for financial assistance for energy and materials recovery feasibility planning and assistance under such Act upon a determination that such State's solid waste plan includes specified provisions relating to energy and other materials recoverable from municipal waste. Authorizes such State to make any of such assistance available to municipalities for similar activities. Authorizes the Administrator of the Environmental Protection Agency to make grants to municipalities to carry out energy and materials recovery feasibility planning and assistance activities. Authorizes the Administrator to provide technical assistance to States and municipalities to assist in removing impediments to the development of systems and facilities designed to recover energy and materials from municipal waste. Directs the Administrator to collect and disseminate information relating to the recovery of energy and materials from solid waste.
United States · United States Congress · 7 November 1979
Privacy of Correspondence Act - Prohibits the opening of mail which is sealed against inspection except: (1) with the consent of the sender or addressee; (2) pursuant to a search warrant; (3) by a Postal Service employee for the purpose of determining an address of delivery or upon suspicion that the mail contains an explosive device; or (4) by an employee of the Customs Service upon suspicion that an item weighing more than one ounce contains material which is being imported illegally. Authorizes any person whose mail is illegally opened to bring a civil action against those persons responsible and to a recover a minimum of $1,000 plus court costs.