United States · United States Congress · 28 November 1979
Uniform Product Liability Act - States the scope of this Act, including that: (1) this Act preempts all existing law governing matters within its coverage, including the Uniform Commercial Code (UCC), except for recovery of direct or consequential economic losses under the UCC or similar laws; (2) a claim may be made under this Act even though the claimant did not buy the product from, or enter into any contractual relationship with, the "product seller"; and (3) reference may be made to other sources of law which conform to specified guidelines, whenever this Act does not provide a rule of decision. Sets forth basic standards of responsibility for manufacturers and product sellers other than manufacturers. Subjects a product manufacturer to liability to a claimant who proves by a preponderance of the evidence that the claimant's harm was proximately cause because the product was defective, if such product was unreasonably unsafe in construction or design, or because: (1) adequate warnings or instructions were not provided; or (2) it did not conform to the product seller's express warranty. Specifies the requisite findings which must be made by the trier of fact for such proof or unreasonable unsafety to be determined. Subjects a product seller other than a manufacturer to liability to a claimant who proves by a preponderance of the evidence that the claimant's harm was proximately caused by such seller's failure to use reasonable care with respect to the product. Enumerates circumstances under which such a seller is also subject to the liability of a manufacturer. Provides that a product seller shall not be subject to liability for harm caused by an unavoidably dangerous aspect of a product, with specified exceptions. Sets forth rules relating to proof in product liability cases with respect to the following factors: (1) industry custom, nongovernmental safety or performance standards, or practical technological feasibility; and (2) legislative or administrative regulatory standards and mandatory government contract specifications. Requires an attorney who anticipates filing a product liability claim to notify all product sellers against whom the claim is likely to be made. Specifies procedures with respect to such notice. Sets forth provisions governing the length of time product sellers are subject to liability. Provides for a two-year statute of limitation and a ten-year statute of repose. Provides that all claims under this Act shall be governed by the principles of comparative responsibility. Sets forth rules with respect to conduct affecting comparative responsibility, including: (1) failure to discover a defective condition; (2) use of a product with a known defective condition; (3) misuse of a product; and (4) alteration or modification of a product. Specifies the manner in which damages are to be apportioned. Provides that a right of contribution exists between two or more persons who are jointly and severally liable (whether or not judgement has been recovered against all or any of them). Sets forth additional provisions respecting multiple defendants. Requires that damages in any product liability claim be reduced by any amount paid as worker compensation benefits. Allows a party to seek reimbursement for reasonable attorney's fees and other costs where the opposing party pursued a frivolous claim or defense. Allows a party to institute by motion a pretrial arbitration proceeding in any claim brought under this Act if the court determines that: (1) it is reasonably probable that the amount in dispute is less than $50,000; and (2) any nonmonetary claims are insubstantial. Sets forth procedural rules for such arbitration proceedings. Sets forth provisions regarding expert testimony. Allows the trier of fact to determine the amount of nonpecuniary damages when sufficient evidence has been introduced, but authorizes the court to review such awards for excessiveness. Provides that a claimant's recovery shall be reduced by any compensation from a public source which the claimant will receive for the same damages. Allows punitive damages to be awarded if the claimant proves by clear and convincing evidence that the harm suffered was the result of the product seller's reckless disregard for the safety of product users, consumers, or others who might be harmed by the product.
United States · United States Congress · 27 November 1979
Title I: - Amends the Currency and Foreign Transactions Reporting Act to extend the current reporting requirement to include persons "attempting" to transport monetary instruments into or from the United States. Title II: Authorizes any customs officer who has reasonable cause to suspect that monetary instruments are being transported for which a report is required to search, without a search warrant, any vehicle, vessel, aircraft, envelope or other container, or person entering or departing from the United States. Title III: - Authorizes the Secretary of the Treasury to pay a reward to any individual providing original information which leads to a recovery of at least $50,000 by way of a criminal fine, civil penalty, or forfeiture for a violation of such Act. Makes ineligible for such payment any Federal, State, or local employee who furnishes information in the performance of official duties.
United States · United States Congress · 27 November 1979
Amends the Currency and Foreign Transactions Reporting Act to authorize the Secretary of the Treasury to pay a reward to any individual providing original information which leads to recovery of at least $50,000 by way of a criminal fine, civil penalty, or forfeiture for a violation of such Act. Makes ineligible for such payment any Federal, State, or local employee who furnishes information in the performance of official duties.
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 · 16 November 1979
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security to decrease the entitlement age for widow's and widower's insurance benefits to age 50. Eliminates certain disability requirements by requiring an individual's entitlement to such benefits to continue until remarriage, death, or entitlement to old- age benefits at least equal to the primary insurance amount of the deceased spouse. Continues the existing actuarial reduction until such an individual attains age 65. Directs the Secretary of Health, Education, and Welfare to recommend legislative changes and financing methods for the amendments made by 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 · 9 November 1979
Sunset Review Act of 1979 - Requires the House Committee on Rules and the Senate Committee on Rules and Administration to jointly develop and maintain an inventory of all Federal programs and tax expenditures. Requires such inventory to classify all such programs and expenditures according to the jurisdiction of the various legislative committees of the two Houses. Requires the General Accounting Office, before the beginning of the 97th Congress, after consultation with the appropriate legislative committees, to submit a draft inventory to the House Committee on Rules and the Senate Committee on Rules and Administration. Requires such Committees to notify each legislative committee of the programs and tax expenditures which are classified within its jurisdiction. Allows any legislative committee to propose revisions of such inventory within 30 days after notification. Requires, after a determination that all programs and tax expenditures are accurately classified, that such inventory be published in a single document. Requires that an update be made of such inventory at the beginning of every Congress. Directs the General Accounting Office to maintain and publish a supplement to the inventory. Requires each legislative committee of the House of Representatives and the Senate, on or before March 1 in the first session of each Congress beginning with the 98th Congress, to develop, adopt, and submit to the House Committee on Rules and the Senate Committees on Rules and Administration an agenda for the sunset review of selected Federal programs within its jurisdiction or in the case of the House Committee on Ways and Means and the Senate Committee on Finance, of selected tax expenditures. Requires the committees of each House to develop their sunset review agenda in consultation with any other committee which has concurrent jurisdiction over any programs or tax expenditures involved. Prohibits either the House or the Senate from considering a primary expense resolution for any legislative committee in any Congress until that committee has developed and submitted its sunset review agenda. Requires the House Committee on Rules and the Senate Committee on Rules and Administration to incorporate such agendas into a consolidated sunset review agenda and to report such consolidated agenda to its House in the form of a concurrent resolution, within seven legislative days after all committee sunset review agendas have been submitted. Requires the consolidated sunset review agenda to be adopted in the House and in the Senate no later than March 30 in the first session of each Congress. Sets forth the procedures for adoption. Requires each committee of the House or the Senate, not later than May 15 in the second session of each Congress, to report a bill or bills modifying, continuing, or terminating each program or tax expenditure which it has been directed to review under the consolidated sunset review agenda adopted during the first session. Requires such bill to be accompanied by a report setting forth the committee's findings, recommendations, and justifications. Requires each department, agency, and instrumentality in the executive branch of the Government which is responsible for the administration of a Federal program or tax expenditure selected for sunset review to give assistance to the appropriate Congressional committees. Specifies that nothing in this Act shall affect the authority of any legislative committee to review programs or tax expenditures within its jurisdiction and to report legislation modifying, continuing, or terminating such programs or expenditures at such times and in such manner as it deems appropriate. Amends rule X of the Rules of the House of Representatives to include the consolidated sunset review agendas and the congressional inventory of Federal programs as part of the House Committee on Rules' functions.
United States · United States Congress · 7 November 1979
Low-Level Radioactive Waste Storage and Technology Demonstration Act of 1979 - Directs the Secretary of Energy to: (1) establish, operate, and maintain at least nine but no more than 14 low-level radioactive waste repositories located at appropriate sites in the continental United States; (2) recover the costs of operating and maintaining the repositories from fees charged for disposing of low-level radioactive wastes in or by such repositories; and (3) establish a research and development program associated with new and improved methods for the concentration, solidification, and safe storage of low-level radioactive wastes and their residues.
United States · United States Congress · 2 November 1979
Hazardous Waste Response Fund Act of 1979 - States that the provisions of this Act shall not apply to oil or other pollution of navigable waters. Amends the Solid Waste Disposal Act to establish a hazardous waste response program for dealing with emergencies involving the release or threat of release of hazardous waste into the environment from sites now regulated under Federal law. Authorizes the Administrator of the Environmental Protection Agency to take such emergency response actions as determined to be immediately necessary to prevent or minimize any harm to public health or the environment when any hazardous waste is released or is threatened to be released into the environment. Stipulates that where the Administrator determines that the owner or operator of such site, the generator of such waste, any other person responsible for such release or threatened release, or the State or local government concerned, will take such emergency actions, the Administrator shall not exercise such emergency response authority. Authorizes the Administrator to make grants to, or enter into cooperative agreements or contracts with, State or local governments to undertake such emergency actions where it is determined that such entities have the capability to carry out those actions. Sets forth the types of emergency actions which are authorized. Authorizes the Administrator to remove, contain, and clean up hazardous waste at or associated with any hazardous waste site which may present a danger to public health or the environment. Directs the Administrator not to exercise such authority if he determines that the owner or operator of such site, the generator of waste treated, stored or disposed of at such site, any other person responsible for such site, or the State or local government concerned, will take the action referred to in this paragraph. Authorizes the Administrator to make grants to, or enter into cooperative agreements or contracts with, State or local governments to undertake such actions where it is determined that such entities have the capability to carry out those actions. Sets forth the types of containment and removal actions which are authorized. Authorizes the Administrator to provide special rapid emergency assistance to State and local governments and to take such action, or assist other Federal agencies in taking actions as are deemed necessary to protect health and the environment from hazardous substances released into the environment in a manner which may present an imminent and substantial endangerment to public health or the environment. Stipulates that such assistance may be rendered and actions taken even where the Administrator is unable to immediately determine the applicability of any Federal law other than this Act or the existence of any authority to take remedial action with respect to such hazardous substance release. Requires the Administrator or such other Federal agency or instrumentality to reimburse the Fund established under this Act for amounts expended for emergency assistance or actions where it is determined that such action taken or assistance provided is authorized under any authority of law other that this Act. Directs the Administrator to issue a National Hazardous Waste Response Plan after appropriate public review and public hearings are completed. Sets forth the components of such plan, and requires that hazardous waste removal and containment and emergency assistance for releases of such wastes shall be in accordance with such plan. Requires that such plan set forth recommended methods, procedures, criteria, and equipment for handling released hazardous waste. Authorizes the Administrator to provide equipment and other items necessary for damage assessment and response capability of Federal, State, and local strike forces or other emergency response teams. Limits the Federal share of the cost of actions taken by the Administrator under this Act. Establishes in the United States Treasury a Hazardous Waste Response Fund to finance emergency response, removal, containment, cleanup, and other actions authorized by this Act, including administrative and personnel costs. Authorizes appropriations for fiscal years 1981 through 1984 for such fund. Includes in such fund: (1) fees collected under this Act; (2) damage payments received for liability for hazardous waste releases; (3) reimbursements for emergency assistance or for the costs of actions taken for removal, containment, or cleanup of hazardous waste releases; (4) penalties assessed under this Act; and (5) amounts authorized to be appropriated. Imposes fees to be set by the Administrator on: (1) suppliers of petrochemical feedstocks; (2) suppliers of inorganic elements and compounds; and (3) refiners and exporters of crude oil. Specifies the aggregate amounts of fees imposed under this Act which are to be collected from such parties. Authorizes the Administrator to reduce such fees upon his determination that any such feedstock, element, or compound is derived from the waste stream of a production process or from recycled materials. Imposes civil penalties for the failure or refusal to pay such fees. Directs the Administrator to issue regulations prohibiting the release of hazardous waste into the environment. Requires owners or operators of hazardous waste sites and persons responsible for hazardous waste releases or threatened releases violating the regulations issued under this Act to notify the Administrator thereafter. Prohibits any person from knowingly destroying or concealing records relating to hazardous wastes or hazardous waste sites. Authorizes the Administrator to require, by order, any owner or operator of a hazardous waste site or generator of hazardous waste to take such action as may be required for removal, containment, or cleanup of released hazardous waste. Authorizes the Administrator to commence a civil action against any person to impose a civil penalty for violation of regulations issued under this Act, up to $50,000 for single violations, and $250,000 for willful and knowing violations. Authorizes the Administrator to issue abatement orders or to seek equitable relief in the event of hazardous waste releases endangering or threatening to endanger public health or safety. States that the United States district courts shall have jurisdiction to grant such relief. Authorizes criminal penalties and imprisonment upon the owner or operator of a hazardous waste site or upon any other party responsible for a hazardous waste release for failure to comply with the notification requirements of this Act. Authorizes anyone taking actions under this Act as authorized by the Administrator to exercise the entry, inspection, and other authority contained in the applicable inspection provisions of the Solid Waste Disposal Act. Imposes strict liability upon any person causing or contributing to the release or threatened release of hazardous waste into the environment. Specifies the damages and costs for which such person shall be liable and states that such liability shall be to the governmental entity which incurred costs relating to removal, containment, emergency assistance or other actions, and to persons who sustained damages for personal injury, injury to property, and economic loss resulting from such release or threatened release. Stipulates that nothing in this Act shall affect the liability of any person under any other law except that the amount recovered under such other laws shall reduce the amount recoverable under this Act.
United States · United States Congress · 31 October 1979
Hazardous Waste Response Fund Act of 1979 - States that the provisions of this Act shall not apply to oil or other pollution of navigable waters. Amends the Solid Waste Disposal Act to establish a hazardous waste response program for dealing with emergencies involving the release or threat of release of hazardous waste into the environment from sites now regulated under Federal law. Authorizes the Administrator of the Environmental Protection Agency to take such emergency response actions as determined to be immediately necessary to prevent or minimize any harm to public health or the environment when any hazardous waste is released or threatened to be released into the environment. Stipulates that where the Administrator determines that the owner or operator of such site, the generator of such waste, any other person responsible for such release or threatened release, or the State or local government concerned, will take such emergency actions, the Administrator shall not exercise such emergency response authority. Authorizes the Administrator to make grants to, or enter into cooperative agreements or contracts with, State or local governments to undertake such emergency actions where such entities have the capability to carry out those actions. Sets forth the types of authorized emergency actions. Authorizes the Administrator to remove, contain, and clean up hazardous waste at or associated with any hazardous waste site which may present a danger to public health or the environment. Directs the Administrator not to exercise such authority if he determines that the owner or operator of such site, the generator of waste treated, stored or disposed of at such site, any other person responsible for such site, or the State or local government concerned, will take action referred to in this paragraph. Authorizes the Administrator to make grants to, or enter into cooperative agreements or contracts with, State or local governments to undertake such actions where such entities have the capability to carry out those actions. Sets forth the types of authorized containment and removal actions. Authorizes the Administrator to provide emergency assistance to State and local governments and to take such actions, or assist other Federal agencies in taking actions to protect health and the environment from hazardous substances released into the environment which may present an imminent and substantial danger. Stipulates that such assistance may be rendered and actions taken even where the Administrator is unable to immediately determine the applicability of any Federal law other than this Act or the existence of any authority to take remedial action. Requires the Administrator or such other Federal agency or instrumentality to reimburse the Fund established under this Act for emergency expenditures or action where it is determined that such assistance is authorized under any authority of law other than this act. Directs the Administrator to issue a National Hazardous Waste Response Plan after appropriate public review and public hearings are completed. Sets forth the components of such plan, and requires that hazardous waste removal and containment and emergency assistance for releases of such wastes shall be in accordance with such plan. Requires that such plan set forth recommended methods, procedures, criteria, and equipment for handling released hazardous waste. Authorizes the Administrator to provide equipment and other items necessary for damage assessment and response capability of Federal, State, and local strike forces or other emergency response teams. Limits the Federal share of the cost of actions taken by the Administrator under this Act. Establishes in the United States Treasury a Hazardous Waste Response Fund to finance emergency response, removal, containment, cleanup, and other actions authorized by this Act, including administrative and personnel costs. Authorizes appropriations for fiscal years 1981 through 1984 for such fund. Includes in such fund: (1) fees collected under this Act; (2) damage payments received for liability for hazardous waste releases; (3) reimbursements for emergency assistance or for the costs of actions taken for removal, containment, or cleanup of hazardous waste releases; (4) penalties assessed under this Act; and (5) amounts authorized to be appropriated. Imposes fees to be set by the Administrator on: (1) suppliers of petrochemical feedstocks; (2) suppliers of inorganic elements and compounds; and (3) refiners and exporters of crude oil. Specifies the aggregate amounts of fees imposed under this Act which are to be collected from such parties. Authorizes the Administrator to reduce such fees upon a determination that any such feedstock, element, or compound is derived from the waste stream of a production process or from recycled materials. Imposes civil penalties for the failure or refusal to pay such fees. Directs the Administrator to issue regulations prohibiting the release of hazardous waste into the environment. Requires owners or operators of hazardous waste sites and persons responsible for hazardous waste releases or threatened releases to notify the Administrator thereafter. Prohibits any person from knowingly destroying or concealing records relating to hazardous wastes or hazardous waste sites. Authorizes the Administrator to require, any owner or operator of a hazardous waste site or generator of hazardous waste to take such action as may be required for removal, containment, or cleanup of released hazardous waste. Authorizes the Administrator to commence a civil action for violation of regulations issued under this Act (up to $50,000 for single violations, and $250,000 for willful and knowing violations). Authorizes the Administrator to issue abatement orders or to seek equitable relief in the event of hazardous waste releases endangering or threatening to endanger public health or safety. States that the United States district courts shall have jurisdiction to grant such relief. Authorizes criminal penalties and imprisonment upon the owner or operator of a hazardous waste site or upon any other party responsible for a hazardous waste release for failure to comply with the notification requirements of this Act. Authorizes anyone taking actions under this Act to exercise the entry, inspection, and other authority contained in the applicable inspection provisions of the Solid Waste Disposal Act. Imposes strict liability upon any person causing or contributing to the release or threatened release of hazardous waste into the environment. Specifies the damages and costs for which such person shall be liable and states that such liability shall be to the governmental entity which incurred costs relating to removal, containment, emergency assistance or other actions, and to persons who sustained damages for personal injury, injury to property, and economic loss resulting from such release or threatened release. Stipulates that nothing in this Act shall affect the liability of any person under any other law except that the amount recovered under such other laws shall reduce the amount recoverable under this Act.
United States · United States Congress · 31 October 1979
Acid Precipitation Act of 1979 - Establishes an Acid Precipitation Task Force to prepare a comprehensive plan of action to ameliorate the harmful effects of acid precipitation within ten years. Requires such plan to focus the combined efforts of the private and public sectors on such problem. Sets forth the composition of such Force, including representatives from specified Federal agencies. Sets forth the elements of such plan, including programs for: (1) establishing and operating a nationwide monitoring network; (2) identifying and measuring the sources of such precipitation; (3) understanding the airborne chemistry responsible for such precipitation; (4) assessing economic, social, health, and environmental impacts; (5) effecting scientific interchanges with appropriate foreign countries; (6) documenting all current Federal activities relevant to the problem; (7) considering various regulatory and nonregulatory solutions; (8) establishing performance evaluations standards; (9) describing a role for affected and contributing states. Makes such plan the basis for determining goals and establishing diplomatic initiatives and bilateral treaties with other countries involved in acid precipitation programs. Requires the submission of such plan to Congress one year after the enactment and annually thereafter. Authorizes appropriations for the implementation of this Act for ten fiscal years. Stipulates that such funds be appropriated and administered through the Environmental Protection Agency.
United States · United States Congress · 26 October 1979
Uniform Federal Research and Development Utilization Act of 1979 - Title I: Policy - Declares that the public interest would be better served if greater efforts were made to obtain patent protection for and to promote the commercial use of new technology resulting from federally-sponsored research. Declares it the purpose of this Act to establish a uniform Federal system for the management and use of the results of federally-sponsored scientific and technological research and development. Title II: Functions of the Office of Science and Technology Policy and the Federal Coordinating Council for Science, Engineering, and Technology - Requires the Federal Coordinating Council for Science, Engineering, and Technology to make recommendations to the Director of the Office of Science and Technology Policy with regard to the uniform planning and administration of Federal programs pertaining to inventions, patents, trademarks, copyrights, and rights in technical data, such recommendations to be transmitted by the Director to Federal agencies. Title III: Allocation of Property Rights in Inventions Resulting from Federally Sponsored Research and Development - Establishes criteria for the issuance of regulations by the Administrator of General Services and the Secretary of Defense for the allocation of property rights in subject inventions. Requires all contractors to report to the sponsoring Federal agency each patentable subject invention as well as the contractor's intent to file a patent application and commercialize such invention. Declares that each Federal agency shall acquire on behalf of the Federal government, at the time of contracting, title to any invention made under the contract of a Federal agency if the agency determines: (1) the services of the contractor are for the operation of a Government-owned research or production facility; (2) acquisition of title is necessary because of the national security nature of the work being performed; (3) because of the exceptional circumstances, acquisition of title by the Government is necessary to assure the adequate protection of the public health, safety, or welfare; (4) the principal purpose of the contract is to develop or improve products, processes, or methods which will be required for use by Government regulations; and (5) in any exceptional contracting situation, that the ownership of title to inventions developed under such a contract is necessary to the accomplishment of the agency's mission. Specifies, in other situations, the minimum rights, with respect to any invention, which each Federal agency shall acquire at the time of contracting. Stipulates that the contractor shall retain a defeasible title only to those subject inventions on which the contractor files a United States patent application and declares its intent to achieve practical application of the subject invention. Authorizes each sponsoring Federal agency to extend the period of the contractor's exclusive commercial rights established under this Act. Requires the Administrator of the General Services Administration and the Secretary of Defense to issue regulations which will provide payment to the government for Federal funding of research and development activities through the sharing of royalties and/or revenues with the contractor. Requires that all inventions made by Federal employees while under the administrative jurisdiction of a Federal agency be reported to the authority of such agency. Establishes criteria for the allocation of rights to inventions between the Federal Government and the Federal employee-inventor. Stipulates that the Federal Government shall obtain the entire right, title, and interest in and to all inventions by any Federal employee which bear a relation to the duties of such employee-inventor, or which are made in consequence of employment. Authorizes an incentive awards program to reward and stimulate Federal employee-inventors. Authorizes Federal agencies to share income from patent licenses with the Federal employee-inventor. Title IV: Domestic and Foreign Protection and Licensing of Federally Owned Inventions - Specifies the authority of Federal agencies with respect to obtaining patents, promoting licensing of inventions, granting licenses, conducting market surveys, transferring custody of patents, and receiving funds. Authorizes the Secretary of Commerce to coordinate a program for assisting Federal agencies in protecting and licensing federally-owned inventions. Authorizes the Administrator of General Services to promulgate regulations specifying the terms upon which any federally-owned invention may be licensed. Sets forth the procedure whereby Federal agencies may grant exclusive or partially exclusive licenses in any invention covered by a federally-owned domestic patent or patent application. Title V: Miscellaneous - Amends specified Acts to conform to the provisions of this Act.
United States · United States Congress · 25 October 1979
Pay Continuity Act of 1979 - Appropriates the funds necessary to pay the salaries of employees of the executive branch of Government, Members of Congress, and members of the uniformed services during any period when such funds are not available because the legislation making appropriations to the Government entity responsible for paying such individuals has not been enacted.
United States · United States Congress · 25 October 1979
Amends the Military Personnel and Civilian Employees Claims Act of 1964 to increase from $15,000 to $25,000 the maximum amount that the United States must pay in settlement of a claim for personal property losses incident to service by a member or civilian employee of the uniformed services. Provides for a maximum settlement amount of $35,000 in cases of evacuation from a foreign country under orders of the Secretary of State.
United States · United States Congress · 25 October 1979
Amends the Vietnam Veterans Memorial Fund, Incorporated, to erect a memorial on public grounds in the District of Columbia in honor and recognition of the men and women of the armed forces who served in the Vietnam war.
United States · United States Congress · 18 October 1979
Expresses the sense of Congress that no U.S. company doing business in South Africa should not: (1) engage in unfair employment practices; (2) deny its employees the right to choose a representative organization; (3) maintain segregated facilities; or (4) pay unequal compensation for equal work. Expresses the sense of Congress that U.S. companies doing business in South Africa should: (1) recognize unions and permit collective bargaining; (2) train nonwhites for supervisory, administrative, and skilled jobs; and (3) try to improve housing, transportation, and health facilities for their nonwhite employees.
United States · United States Congress · 17 October 1979
Amends the Small Business Act to extend until September 30, 1983, the authorization of the Small Business Administration to enter into contracts with Federal agencies having procurement powers. Extends to June 30, 1983, the requirement under such Act that the General Accounting Office report to Congress.
United States · United States Congress · 16 October 1979
Small Business Innovation Act of 1979 - Title I: Amendments to the Small Business Act - Amends the Small Business Act to empower the Small Business Administration to provide management assistance in addition to technical assistance to small business concerns to obtain government contracts for research and development. Directs the SBA to consult and cooperate with other Government agencies in furthering the purposes of the Small Business Act. Directs each Federal agency to target an increase of its research and development budget to be obligated for prime contract awards to small business concerns by at least two percent more than the percent of such awards made in the preceding fiscal year. Requires the increase to begin in fiscal year 1980 and continue until such concerns are receiving at least 20 percent of such awards. Directs each agency to fully utilize procurement methods authorized under this Act in order to achieve the target levels. Requires each Federal agency having a research and development budget of $100,000,000 or more to initiate and conduct a small business innovation research competitive solicitation program. Directs that funding for such program shall be made available from each agency's budget and that each agency, utilizing applicable procurement methods, award to small business concerns at least 50 percent of its annual target for prime contracts. Directs each agency to conduct its program in accordance with such rules and regulations as are established by the SBA, including: (1) identifying specific and definable categories of projects; (2) establishing a simplified, standardized acquisition process; and (3) developing solicitation release schedules for notifying small business of contract opportunities. Requires the SBA to develop and maintain a master solicitation release schedule, source file, and informational program to facilitate small business participation in federally funded research and development. Directs the National Science Foundation and the Office of Federal Procurement Policy to provide advice and assistance to the SBA in the promulgation of such regulations. Requires the Administrator of the Office of Federal Procurement Policy, in cooperation with the SBA, to insure that such regulations provide the maximum practicable opportunity for small business concerns to perform federally funded research and development contracts. Provides that such regulations shall include: (1) the elimination of cost-sharing requirements and the allowance of negotiated fees on all contracts; (2) the opportunity for fair and equitable competition for contract awards; (3) a fair and prompt review of unsolicited proposals and the opportunity to receive sole source awards; (4) the consideration of independent research and development and bid and proposal costs as expenses under the contract in the fiscal year in which they occur; (5) the requirement for the Departments of Defense and Energy and the National Aeronautics and Space Administration to conduct periodic breakout reviews of all proposed large-scale systems contracts; (6) the opportunity for women-owned and minority business firms to be considered for research and development contracts; (7) the evaluation of procurement personnel performance in the award of contracts to small and minority business concerns; and (8) the responsibility to identify, study, and eliminate discrimination practices in procurement systems. Requires all Federal agencies to promulgate regulations which, insofar as practicable, impose the least amount of regulatory burden on small businesses. Directs the Securities and Exchange Commission to conduct an annual review of its rules and regulations which have the effect of restricting small business concerns from access to securities markets and to report to the appropriate congressional committees relative to the results of such review. Title II: Amendments to the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to provide procedures for sales and exchanges of interests in qualified small business concerns. Allows a taxpayer who sells an equity interest in any such business and purchases replacement property within 18 months, to elect that the gain from such sale be recognized to the extent that the amount realized exceeds the costs of the replacement property. Requires that such election be filed with the Secretary of the Treasury in such manner as the Secretary may prescribe. Requires, for purposes of this Act, that an exchange of equity interest shall be treated as a sale of such interest and the acquisition of replacement property on such exchange shall be treated as a purchase of such property. Requires that the determination of whether an equity interest in a small business concern be made at the time such interest is acquired by the taxpayer. Provides limitations on stock sales with respect to any equity interest in a qualified small business concern. Requires a reduction on the basis of replacement property in the case of nonrecognition of gain on the sale of equity interest in qualified small business concerns. Provides a statute of limitations for the assessment of any deficiency attributable to gain from the sale of equity interest in such business concerns. Provides technical and conforming amendments to the Internal Revenue Code applicable to provisions of this Act. Permits employees of qualified small concerns to exercise stock options within ten years after the date such option was granted. Provides for a reduction of capital gains tax for such business concerns held by a taxpayer for at least 5 years. Grants a capital loss carryover to a taxpayer to the extent such loss is attributable to an investment in such business concern for the ten succeeding years after the loss year. Allows a tax deduction for contributions to research and experimental expenditure reserves equal to the amount of such cash contribution during the taxable year, subject to specified limitations. Provides that such reserves shall be considered tax-exempt organizations under provisions of the Internal Revenue Code. Requires that amounts distributed to any person from such reserve shall be included in the gross income of such person, unless such amount relates to a research and experimental expenditure expense. Amends the definition of small business corporations under the Code to specify that such corporation does not have more than 100 shareholders and does not have as a shareholder a person who is not an individual or corporation. Removes limitations on amounts allowable for tax losses with respect to stock issued by qualified small business concerns. Sets forth effective dates for amendments made under this Act. Allows a qualified small business concern to treat research and experimental expenditures for the acquisition or improvement of property as expenses not chargeable to its capital account. Allows such concerns to treat such expenditures for any property subject to a depreciation or depletion allowance as deferred expenses, and in the case of a building such deferred expense shall be allowed ratably over a period of 120 months. Title III: Patents and Inventions - States that it is the objective of this Act to amend existing patent procedures in order to promote the marketing of inventions developed under federally supported research and development projects by nonprofit organizations and small business firms. Permits any such organization or firm to elect, within a reasonable amount of time, to retain title to such inventions. Permits Federal agencies which have supported such projects to retain title to inventions through their funding agreements in specified circumstances, including when necessary to conduct foreign intelligence or counterintelligence activities. Requires review of agency determinations that such circumstances exist by the Comptroller General and the Chief Counsel for Advocacy of the Small Business Administration. Directs the Comptroller General to report to Congress on the implementation of this Act by Federal agencies. Enumerates provisions which must be included in funding agreements between Federal agency and a small business firm or nonprofit organization including provisions: (1) to insure the rights of the Federal Government under this Act; (2) to provide that the agency shall have a nonexclusive, nontransferable, irrevocable and paid-up license to use the invention; (3) to prohibit a nonprofit organization from assigning rights to the invention without the approval of the Federal agency; (4) to prohibit such an organization, other than small business firms, from granting exclusive rights from the earlier of five years from the first commercial use of the invention or eight years from the date of invention; and (5) to require such organizations to use their royalties and earnings to support scientific research or education. Provides that the first commercial use with respect to a product of the invention shall not end the exclusive period to different subsequent products covered by the invention. Requires the head of a Federal agency to approve provisions of a funding agreement which require the licensing to third parties of inventions owned by the contractor. Sets forth terms and conditions under which such approval may be granted. Authorizes a Federal agency to transfer or assign its rights, acquired from an agency employee as coinventor, to an inventor electing to acquire title to an invention. Empowers any Federal agency to require inventors or their assigns to grant licenses in order to: (1) achieve practical application of the invention in its field of uses; (2) alleviate health or safety needs; (3) meet requirements for public use specified by Federal regulations; or (4) achieve participation by United States industry in the manufacturing of an invention. Entitles the government to 15 percent of all net income in excess of $70,000 gross income received by a contractor after a patent application is filed on a subject invention. Provides that if a contractor receives a gross income of $1,000,000, the government shall be entitled to a share of the excess of $1,000,000 that shall be negotiated but not to exceed five percent of such excess. Limits the government share of any such excesses to its contributions under the funding agreement. Authorizes and directs the Director of the Office of Federal Procurement Policy to revise the government entitlements in light of changes to the Consumer Price Index or other indices at least every three years. Declares such government entitlements applicable to subject inventions upon which United States patents are granted and in effect. Restricts the assignment and licensing of rights by patent holders to foreign owned or controlled firms unless such persons agree that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States where commercially feasible. Authorizes Federal agencies to withhold information on inventions from public disclosure. Specifies the authority of Federal agencies with respect to obtaining patents, granting licenses, and transferring custody of patents. Authorizes the Administrator of General Services to promulgate regulations specifying the terms upon which any federally-owned invention may be licensed. Sets forth the procedure whereby Federal agencies may grant exclusive or partially exclusive licenses in any invention covered by a federally-owned domestic patent or patent application. Prohibits licensing which lessens competition. Directs that business firms be given preference in exclusive or partially exclusive licensing. Enumerates provisions which must be contained in any grant of a license by a Federal agency. Declares that this Act shall take precedence over any other Act in the disposition of inventions. Directs the Commissioner of Patents and Trademarks to establish regulations governing: (1) the citation to the Patent and Trademark Office of prior art patents or publications which are pertinent to a later patent; and (2) the reexamination of a patent to determine whether such a prior patent or publication has any bearing on the patentability of any claim of such patent. Authorizes any individual to: (1) cite to the Office any such prior patent; and (2) request such a reexamination. Requires the Commissioner within 90 days of such a request to make a determination as to whether the cited prior patent raises a new question of the patentability of any claim of the later patent. Authorizes the Commissioner on his or her own initiative to make such a determination at any time. States that a determination that no new question is raised shall be final. Directs the Commissioner, upon determining that there is a new question of patentability, to order and conduct a reexamination. Requires that the patent owner be provided at least two months to file a statement on such question and that the person making the reexamination request be provided two months to respond to such statement. Declares that the patent owner shall be provided an opportunity in any reexamination to amend any claim of the patent in order to distinguish the claim from the prior patent cited, or in response to a decision adverse to the patentability of the claim. Authorizes the owner to appeal any adverse decision. Directs the Commissioner, upon the conclusion of any reexamination or appeal proceeding, to issue and publish a certificate cancelling any unpatentable claim, confirming any valid claim, and incorporating any amended claim in the patent. Declares that no prior patent or publication may be relied upon as evidence of nonpatentability in a civil action involving the validity or infringement of a patent unless: (1) the prior patent or publication was cited by or to the Office regarding application or reexamination proceedings for the patent; or (2) the court concludes that consideration of the prior patent or publication in such proceedings is unnecessary for adjudication. Sets forth circumstances under which a court may stay the proceedings of a civil action involving the infringement or validity of a patent to enable either party to such action to secure a determination on a request for reexamination of the patent by the Patent and Trademark Office. Provides the moving party in such action the right to dismiss the complaint commencing such action.
United States · United States Congress · 16 October 1979
National Water Resources Policy and Development Act of 1979 - Title I: Directs States to review periodically their water resources needs. Authorizes the States to request the Water Resources Council for detailed studies of specific water resources needs. Directs States to submit to the Council a list of authorized studies which have not been completed and which are necessary to meet identified water resources needs. Authorizes the appropriate Federal water resources agency to make detailed evaluations of specific water resources needs upon referral by the Council. Stipulates that the State or other non-Federal body must agree to pay ten percent of the costs of the study before any study may be initiated. Provides for State employees to work in coordination with the appropriate agency. Requires such agencies to assure that studies are equitably undertaken on a regional basis. Directs States to develop and submit to the Council annually a priority list of water resource needs and projects. Stipulates that such lists will be deemed approved after 60 days unless the Council finds that such list was developed without adequate public participation. Requires reports to be filed by the appropriate agency with the Council and appropriate States upon completion of studies of water resource projects. Provides for the authorization of construction of such projects upon: (1) certification by the Governor to the Council that a project is needed and entitled to priority consideration; and (2) recommendation of construction by the appropriate agency. Stipulates that if a Governor of a State affected by such project objects to the Council within 90 days, then such project must be authorized by Congress. Requires the States or other non-Federal bodies to agree to pay specified percentages of the costs of construction and operation of such projects. Permits the use of the Inland Waterways Trust Fund to pay the non-Federal contribution for commercial inland navigation projects. Requires any revenues from such projects to be shared between the non-Federal interests and the participating Federal agencies based on their percentage contribution to the project. Sets forth the formula for allocating authorized funds by the Council among the States. Terminates projects authorized prior to this Act if: (1) construction has not begun within five years of enactment of this Act; and (2) the project is not on a State's priority list. Authorizes the Council to study and propose legislation authorizing construction of regional water resources projects which have national significance and priority. Directs the Council to select up to 25 of such projects from among projects authorized prior to enactment of this Act which shall be eligible for direct funding by Congress without regard to specific limitations in this Act. Stipulates that such projects, if authorized specifically by Congress, shall be constructed at full Federal cost. Permits States to apply to the Council for loans to finance the construction of projects authorized prior to this Act. Requires the Council to report to Congress concerning: (1) national priorities for water resources development; (2) the needs for cost-effective development of the projects; and (3) the best ways to achieve the maximum efficient use of water supplies from existing Federal projects. Prohibits the construction of water resource projects designed to bring land into production for crops receiving Federal price supports until such studies are submitted. Title II: Amends the Water Resources Planning Act to provide for an independent Water Resources Council. Revises the composition of such Council to include experts in the engineering or economics of water resources development.
United States · United States Congress · 16 October 1979
Amends rule XXI of the Rules of the House of Representatives to prohibit any provision in any appropriation bill or amendment to such bill which changes existing law or has the effect of imposing any limitation not contained in existing law.
United States · United States Congress · 12 October 1979
Privacy of Electronic Fund Transfers Act of 1979 - Permits electronic fund transfer service providers to disclose information concerning such transfers only: (1) to Government authorities pursuant to the Foreign Intelligence Surveillance Act of 1978, a court order, or specified emergencies; (2) to financial institution employees solely to determine the contents and the correctness of an item which was debited or credited to an account maintained by such financial institution; or (3) with the specific authorization of the originator or addressee of the item. Authorizes the Attorney General to the United States or any State to seek a court order to acquire the record of an electronic fund transfer when such acquisition may provide evidence of a criminal offense which is a felony under Federal law or, with respect to such State authority, threatens serious injury to person or property and is punishable by imprisonment for more than one year. Sets forth the procedure to be followed by the applicant for and the court issuing such court order. Permits the interception of an electronic fund transfer by a Federal or State investigative or law enforcement officer if: (1) an emergency exists with respect to life threatening criminal activities; and (2) there are grounds for a court order to authorize such interception. Requires an application for an order approving such interception within 48 hours. Authorizes Secret Service special agents to intercept such transfers in order to locate an individual if specified procedures are followed. Requires the court denying or issuing a court order pursuant to this Act to notify the person named in the order or application and in its discretion other parties to the intercepted transfers of specified information concerning such interception. Permits such notification to be delayed in specified circumstances. Sets forth criminal and civil penalties for violations of this Act. Allows a person aggrieved by a violation of this Act to maintain a civil action for damages and equitable relief against the appropriate Governmental authorities. States that a good faith reliance on a court order issued pursuant to this Act or the Foreign Intelligence Surveillance Act of 1978 shall constitute a complete defense to any action brought under this Act. Prohibits the use of an item in any hearing or proceeding if such item was disclosed or intercepted in violation of this Act. States that a good faith reliance on a court order issued pursuant to this Act or the Foreign Intelligence Surveillance Act of 1978 shall constitute a complete defense to any action brought under this Act.
United States · United States Congress · 12 October 1979
Fair Financial Information Practices Act of 1979 - Title I: To Amend the Fair Credit Reporting Act - Privacy Protection Amendments of 1979 - Amends the Fair Credit Reporting Act to revise the definition of consumer report to include those prepared in connection with insurance transactions, governmental benefits, and business transactions. Broadens the exemptions from such definition. Specifies those services or agencies that are not considered to be consumer reporting agencies. Sets forth the agencies and persons to whom a consumer reporting agency may furnish a consumer report. Raises the amounts involved in transactions which make consumer credit reports exempt from the provision prohibiting the inclusion of specified information in such reports. Requires consumers to be notified prior to the procurement or preparation of an investigative consumer report on such consumer. Requires specified information be given to applicants for insurance concerning such reports. Directs persons who procure or cause to be prepared such reports to make a complete disclosure, at the request of the consumer, of the nature and scope of the investigation requested. Directs credit reporting agencies or independent authorization services to notify consumers of impermissible uses of consumer reports. Directs such agencies to assure that file items reflect good faith exercises by consumers of their rights. Prohibits such agencies from requiring a quota of reports. Requires regular reporters of consumer information to agencies to ensure the accuracy of their information. Describes the information that must be given to a requesting consumer. Permits such agencies or services to withhold: (1) third party medical information, if it discloses the same to a medical professional designated by the consumer; (2) identifying information of any noninstitutional source of information in specified circumstances; and (3) codes used to ensure the security of a reporting system. Requires disclosures be made during specified hours and by specified means depending on the circumstances. Directs such agencies or services to provide trained personnel to explain any information to the consumer. Revises the procedures to be followed by consumers or creditors disputing the accuracy or completeness of any item of information contained in a file. Establishes: (1) time limits for the consumer reporting agency to reinvestigate such disputes; and (2) notification requirements concerning the results of such reinvestigations. Requires consumer reports to be furnished free of charge to consumers notified of an adverse credit rating pursuant to this Act or the Fair Authorization Information Practices Act. Directs consumer reporting agencies furnishing a consumer report for employment purposes to transmit a copy of such report to the individual to whom it relates. Requires every investigative consumer report containing adverse information to be in writing. Requires users of consumer reports to disclose the address of any consumer reporting agency which prepared a report resulting in adverse action, as well as the reasons for such action. Prohibits agencies from using interviews to obtain information about a consumer in which the interviewer misrepresents the purpose of the interview or his or her identity. Sets forth the civil damages to which a consumer is entitled for willful noncompliance with this Act. Increases the criminal penalties for obtaining information under false pretenses and unauthorized disclosures. Provides criminal penalties for alterations of consumer reports. Directs the Federal Reserve Board to prepare a model summary of consumers' rights under this Title. Gives enforcement authority for this Title to the Federal Trade Commission. Provides for these amendments to take effect one year after enactment. Title II: Fair Credit Information Practices - Fair Credit Information Practices Act - Sets forth the persons to whom and the circumstances under which a creditor may disclose individually identifiable information collected or maintained in connection with a credit transaction. Requires creditors to notify consumers of their: (1) credit information collection and disclosure practices; and (2) use or disclosure of individually identifiable information for marketing purposes. Sets limits on a creditor's information collection practices. Requires consumers to be given specified information in the event of an adverse credit decision. Gives the consumer the right of access to credit information on which an adverse decision is based. Sets forth the procedure to be followed if a consumer disputes the accuracy or completeness of any item of information. Requires creditors to notify another creditor, consumer reporting agency, debt collector, or independent authorization service of any inaccurate information reported to such parties. Directs the Board of Governors of the Federal Reserve System to prescribe regulations pertaining to notice and adverse credit decisions. Provides for the enforcement of this Act by the Federal Trade Commission unless otherwise specified. Sets forth civil and criminal penalties for violations of this Act. Requires consumers to be served with a copy of any legal process requesting information pertaining to such consumer. Permits consumers to contest the disclosure of such information. Amends the Equal Credit Opportunity Act to deem compliance with this Act as being in compliance with the Equal Credit Opportunity Act. Provides for this Act to take effect one year after enactment. Title III: Fair Authorization Information Practices - Fair Authorization Information Practices Act - Specifies the parties to whom individually identifiable information may be disclosed by an independent authorization service. Sets forth the duties of such services and their subscribers. Provides a procedure to be followed when a consumer disputes the accuracy or completeness of any item of information. Makes such services liable to consumers adversely affected as a result of inaccurate information or information obtained in violation of this Act which is maintained by such service. Provides for this Act to take effect one year after enactment. Title IV: Fair Debit Information Practices - Fair Debit Information Practices Act - Sets forth the circumstances and the persons to whom individually identifiable information maintained in connection with a depository service may be disclosed by a depository institution. Requires depository institutions to notify the customer, applying for the provision of any depository service, of information disclosure practices. Grants enforcement authority to the Federal Trade Commission, unless otherwise specified. Provides civil and criminal penalties for violations of this Act. Permits depository institutions to disclose to a party to civil litigation information pertaining to a customer who is also party to the litigation, if such disclosure is pursuant to some compulsory legal process. Requires customers to be notified of such process if they are not parties to the proceeding. Permits such customers to contest the disclosure of the information. Provides for this Act to take effect one year after enactment. Title V: Fair Insurance Information Practices - Fair Insurance Information Practices - Fair Insurance Information Practices Act - Sets forth the circumstances and the persons to whom individually identifiable personal information may be disclosed by an insurance institution, agent, or support organization. Requires such institutions and agents to notify the insurance applicant or claimant of their information collection and disclosure practices prior to collecting personal information about an individual. Specifies the manner in which personal information may be collected. Requires insurance institutions, agents, or support organizations to make personal information in their control available to the individual concerned. Specifies the procedures to be followed. Permits specified information to be withheld from an individual in specified circumstances. Gives the individual concerned the right to have errors corrected and misrepresentations amended according to specified procedures. Requires insurance institutions or agents to notify individuals subject to an adverse underwriting decision of the reasons for such decision and the individual's rights. Sets forth circumstances in which the notice requirements do not apply. Declares that the individual's exercise of the rights under this Act shall not affect the individual's eligibility for insurance benefits. Sets forth civil and criminal penalties for violations of this Act. Authorizes the principal State insurance regulatory official to enforce this Act. Provides for this Act to take effect one year after enactment. Exempts personal information maintained by an insurance institution from the Privacy Act of 1974. Sets forth provisions concerning the disclosure of personal information by an insurance institution, agent, or support organization pursuant to some compulsory legal process.
United States · United States Congress · 9 October 1979
Prohibits federally insured banks, savings and loan associations, and credit unions and any bank or savings and loan association eligible to apply for Federal deposit insurance from beginning the construction of any drive-in banking facility after the effective date of this Act.
United States · United States Congress · 28 September 1979
Amends the Immigration and Nationality Act to provide third preference immigration priority for aliens who are investing at least $200,000 in an enterprise in the United States of which they will be principal managers and which will employ United States citizens or permanent residents.
United States · United States Congress · 28 September 1979
Amends the Immigration and Nationality Act to provide third preference immigration priority for aliens who are investing a substantial amount in an enterprise in the United States of which they will be principal managers and which will employ United States citizens or permanent residents.
United States · United States Congress · 26 September 1979
Amends the Internal Revenue Code to provide that the standard mileage rate used in computing the charitable deduction for expenses incurred in the operation of a motor vehicle shall be the same as the standard mileage rate established by the Secretary of the Treasury for the business related deduction.
United States · United States Congress · 21 September 1979
Amends the Internal Revenue Code to allow individuals a refundable income tax credit equal to one-third of the total cost during the taxable year of heating oil purchased by such individuals for use in a residence for residential purposes. Limits the dollar amount of such credit to $400 for the taxable year. Reduces the amount of such credit by one percent of the amount by which the taxpayer's adjusted gross income exceeds $20,000. Provides for the termination of the credit for taxable years ending after December 31, 1983.
United States · United States Congress · 18 September 1979
Small Business R. & D. Incentive Act - Amends the Internal Revenue Code to limit the recognition of gain, for purposes of the tax on capital gains, from the sale of an equity interest in a qualified small business concern by providing that such gain shall be recognized only to the extent that it exceeds the cost of reinvesting in another such equity interest. Specifies that such reinvestment must be made within two years of the date of the sale of the small business interest. Defines "qualified small business concern" as a trade or business whose research and experimental expenditures exceed three percent in each of three consecutive years or six percent of gross income for any taxable year. Reduces the basis of small business replacement property by the amount of gain which is not recognized under this Act. Permits employees of a qualified small business concern to exercise stock options up to ten years after the date on which they are granted. Provides for a 50 percent reduction of the tax on capital gains attributable to an interest in a qualified small business concern which is held by a taxpayer for at least five years. Allows taxpayers to carryover capital losses attributable to investment in a qualified small business concern to each of the ten years following the year of such loss. Grants tax-exempt status to a Reserve for the payment of research and experimental expenditures. Allows a limited income tax deduction for cash contributions to such Reserves. Permits the exclusion from gross income of distributions from tax-exempt research and experimental expenditure reserves which are applied to the research and experimental expenses of qualified small business concerns. Increases from 15 to 100 the number of shareholders allowed in a subchapter S corporation. Allows such corporation to have other corporations as shareholders (previously limited to individuals as shareholders). Removes the dollar limitation applicable to losses on small business stock for small businesses which qualify as small business concerns under the provisions of this Act.
United States · United States Congress · 17 September 1979
Energy Productivity Act of 1979 - Title I: Residential Energy Conservation - Establishes the Residential Energy Conservation Office within the Department of Energy to accept applications for reimbursement of residential energy conservation improvement expenditures made in accordance with regulations issued by the Director of such office. Sets forth requirements for such applications and imposes limitations upon the amount of reimbursement to be made to approved applicants for energy conservation improvements to houses, apartment buildings, and hotels. Directs the Director to coordinate such reimbursement program with the energy audit program established under the National Energy Conservation Act and to promote the availability of such audits in connection with such reimbursement program. Authorizes the Director to use any available means of communication to advertise such residential energy conservation reimbursement program. Requires the Director to conduct an evaluation of such program to determine its effectiveness in promoting residential energy conservation and its cost effectiveness in terms of probable energy savings. Directs the Comptroller General of the United States to audit the operations of the Residential Energy Conservation Office. Sets forth procedures for such audits. Authorizes appropriations for such residential energy conservation program. Requires sellers of energy conservation improvements to certify to purchasers that such improvements comply with regulations issued by the Director pursuant to this Act. Establishes criminal penalties for providing false information to the Director concerning any reimbursement application or improvement certification. Title II: Industrial Fuel Conservation - Authorizes the Secretary of Energy to make loans to industrial firms to assist in paying engineering costs for industrial energy conservation projects. Sets forth criteria for issuing necessary regulations and terms and conditions for such loans. Authorizes appropriations for such program for fiscal years 1980 through 1985. Authorizes appropriations for an accelerated energy productivity industrial research, development, and demonstration program. Directs the Secretary to issue regulations providing for an energy rebate to industrial firms implementing energy conservation projects approved by the Secretary. Sets the amount of such rebate at $15 for each barrel of crude oil equivalent of critical fuel saved in the full year following such project implementation. Requires that such rebate be structured to provide incentive for investment in permanent conservation equipment and production procedures. Authorizes appropriations for such rebate program. Title III: Commercial Property Energy Conservation Loan Program - Directs the Secretary to establish within the Department of Energy a Commercial Property Energy Conservation Loan Program for the purpose of providing low-interest loans to owners, developers, or builders of commercial property for the purchase of energy conservation systems. Prohibits participation of Program personnel and agents in matters affecting their personal interest or the interests of any entity with which they are associated. Directs the General Accounting Office to periodically audit the financial transactions of the program. Establishes an advisory board to provide advice to the Secretary in carrying out such loan program. Sets forth membership requirements for such Board. Excludes owners, developers, or builders of structures eligible for grants pursuant to title III of the National Energy Conservation Policy Act from eligibility for such loans. Defines the term "energy conservation systems" for the purpose of determining eligibility for such loans and sets forth terms thereof. Provides that where a borrower has entered into agreements with his tenants allowing energy savings passthroughs, such borrower may pass through annual loan payments to his tenants as operating energy expenses. Establishes criminal penalties for making false statements or misrepresentations concerning loans made under such program. Directs the Secretary to make annual reports to the President and to both Houses of Congress on the operation of such program, recommendations for improvements, and identification of problem areas. Directs the Secretary to promote such loan program by informing financial institutions and commercial property owners, developers, and builders of the benefits of such program. Permits the use of Department of Energy personnel on such program. Authorizes appropriations for such program for fiscal years 1980 through 1983.
United States · United States Congress · 14 September 1979
Amends the Internal Revenue Code to exclude from gross income up to $1,500 ($3,000 for joint returns) of the interest earned on savings accounts in banks, savings associations, or credit unions.
United States · United States Congress · 14 September 1979
Environmental Emergency Response Act - Defines containment as the onsite actions taken in the event of a discharge or release or significant threat of discharge or release of a hazardous substance from a hazardous substance disposal site to prevent or minimize such discharge or release. Defines hazardous substance as: (1) any hazardous substance so designated by the Clean Water Act; (2) any hazardous waste having the characteristics identified under or listed pursuant to the Solid Waste Disposal Act; (3) any toxic pollutant listed under the Clean Water Act; (4) any hazardous air pollutant listed under the Clean Air Act; (5) any imminently hazardous chemical substance or mixture as defined by the Toxic Substances Control Act; (6) any substance or mixture designated as a hazardous substance by the President pursuant to this Act; or (7) any element, substance, compound, or mixture which after release into the environment and upon exposure, ingestion, inhalation or assimilation into any organism, directly or indirectly, will or may reasonably be anticipated to cause death, physical or behavioral malfunction or disease. Directs the President to promulgate and revise regulations designating as hazardous substances, in addition to those defined above, such elements and compounds which, if released in a determined quantity into the environment, may present substantial danger to the public health or environment. Prohibits the discharge of any hazardous substance in violation of the Clean Water Act or the release or disposal of such substances which may affect the natural resources belonging to, appertaining to, or under the exclusive management authority of the United States. Directs any person in charge of any vessel or onshore or offshore facility which is discharging, releasing, or disposing of a hazarous substance to immediately notify the appropriate agency of the United States Government of such discharge, release, or disposal. Establishes criminal penalties for failing to provide such notice. Requires any person subject to liability for a noncomplying waste disposal site to notify the Administrator of the Environmental Protection Agency (EPA) within a specified period of: (1) the existence of such site; (2) the amount and type of hazardous substances to be found at such site; and (3) the likelihood of discharge or release of such substances from such site. Establishes criminal penalties for failing to provide such notice. Precludes such persons from any limitation or defense of liability to which they would otherwise be entitled. Prohibits such persons from knowingly rendering unavailable or unreadable any record relating to the to the site or any hazardous substances contained or deposited therein. Authorizes the Administrator to establish and enforce such control or removal requirements as are deemed appropriate to protect the public health and environment from any hazardous substance disposal site not in compliance. Authorizes the President to take any emergency response measure including removal or containment, necessary to protect the public health or the environment whenever a hazardous substance is discharged or released into the environment, unless it is determined that the owner or operator of the source of the release will properly remove such substance. Directs the President, within a specified period, to revise and republish the National Contingency Plan for the removal of oil and hazardous substances to reflect and effectuate the responsibilities and powers created by this Act. Specifies that such revision include a National Hazardous Substance Disposal Site Response Plan, such plan to include: (1) methods for discovering and investigating such sites; (2) methods for evaluating and containing any actual or threatened discharges or releases from such sites which pose a substantial danger to the public health or the environment; (3) methods and criteria for determining the appropriate extent of emergency response, containment, and other measures authorized by this Act; (4) appropriate roles and responsbilities for various governmental and nongovernmental entities in effectuating the Plan; (5) provision for response equipment and supplies; and (6) provision for reporting the existence of and any releases of hazardous substances from sites which may be located on federally-owned or controlled properties. Authorizes the Administrator to require any person involved in activities which may present a danger to public health or the environment related to the handling, storage, treatment, transportation, or disposal of any hazardous substance to take any necessary actions to ascertain the nature and extent of such danger, or to bring suit in the appropriate United States district court to require any such person to take such actions. Makes the owner or operator of a vessel or an onshore or offshore facility from which a hazardous substance is discharged jointly and severally liable for specified damages resulting from such discharge, with specified exceptions. Authorizes the President or the authorized representative of a State to act on behalf of the public as trustee of any natural resources damaged or lost as a result of such discharge and to recover for such damages. Stipulates that each department, agency, or instrumentality of the executive, legislative and judicial branches of the Federal Government shall be subject to and comply with this Act. Imposes liability upon any generator or transporter of any hazardous substance for such discharge by the facility which was the source of the discharge if such generator or transporter could have reasonably anticipated such discharge. Imposes punitive damages upon the owner or operator of a hazardous substance disposal site for failure to properly provide emergency response or containment upon request of the President. Establishes in the United States Treasury a Hazardous Substance Response Fund to be constituted from specified fees, and all moneys recovered on behalf of the Fund or recovered or collected under the Clean Water Act. Requires manufacturers, importers, and generators of hazardous substances to pay fees on each unit of hazardous substance produced, manufactured, or imported into the United States and each unit of hazardous waste generated. Authorizes the Secretary of the Treasury to promulgate rules and regulations relating to the collection of such fees, and sets forth civil and criminal penalties for violation of such regulations. Authorizes the Secretary to invest any excess of the Fund in interest- bearing special obligations of the United States. Directs the President to issue notes or other obligations to the Secretary in the event the moneys available in the fund are inadequate to meet the obligations of the fund. Directs the Administrator of EPA, the Commandant of the Coast Guard, and the Comptroller General to conduct a study of possible incentives to safer operation of vessels and facilities to reduce the potential of discharges or releases of hazardous substances, and of measures to prevent or avoid the occurrence of such discharges. Sets forth the purposes for which Fund moneys may be used. Authorizes the President to delegate his duties under this Act to the heads of appropriate Federal agencies, departments, and instrumentalities. Directs the President to establish a national priority system for responding to releases of hazardous substances and a system whereby States affected by such discharges may act to provide emergency response and be reimbursed for reasonable costs incurred thereof. Directs the President to notify an owner, operator, or guarantor of a vessel or an offshore or onshore facility of any allegation as to costs incurred for removal or damages resulting from the discharge of a hazardous substance for which such person would be liable under this Act. Sets forth procedures for the disposition of claims resulting from such discharges. Establishes a six year statute of limitation for claims presented or actions commenced under this Act. Subrogates to the United States Government all rights of a claimant to recover the costs of removal or damages from the person responsible for a hazardous substance discharge prior to payment of any claim by the Fund. Subrogates any person, including the Fund, who pays compensation pursuant to this Act to any claimant for damages or removal costs, to all rights, claims, and causes of action for such damages and removal costs of such claimant. Directs the Attorney General, upon request of the President, to commence on action on behalf of the Fund to recover any compensation paid by the Fund to any claimant pursuant to this Act. Directs the President, acting through the Administrators of the EPA and the National Oceanic and Atmospheric Administration and the Director of the Fish and Wildlife Service, to issue regulations for the assessment of damages for injury to or loss of natural resources resulting from a discharge of hazardous substances. Directs the Comptroller General to provide for auditing of all payments and other uses of the Fund. Requires owners and operators of vessels carrying hazardous substances and of onshore and offshore facilities to establish and maintain evidence of financial responsibility in an amount consistent with the risks associated with the transportation, treatment, storage, or disposal of hazardous substances. Imposes civil penalties on such persons for failure to comply with such requirements. Authorizes judicial review of any regulation issued under this Act only in the United States Circuit Court of Appeals for the District of Colubmia. Grants jurisdiction to the United States district courts over all controversies arising under this Act. Makes conforming amendments to the Clean Water Act. Transfers to the Fund one-half of any sums appropriated under the oil and hazardous substances liability provisions of such Act and all of the sums appropriated under the emergency powers provisions of this Act. Terminates the authority to establish and collect fees under this Act on October 1, 1986.
United States · United States Congress · 14 September 1979
Hazardous Waste Control and Toxic Tort Act of 1979 - Title I: Establishment of Monitoring and Reclamation Program - Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency to establish a program to identify and monitor specified hazardous waste disposal sites. Authorizes States to establish and submit for the Administrator's approval programs for the maintenance and reclamation of such sites, including plans for the removal and disposal of in-place toxic pollutants presenting an imminent hazard to the environment or to human health. Sets forth criteria for such State programs based on the nature of the current use of such sites and the existence of applicable regulations already in effect. Authorizes the Administrator to make grants to States having programs approved by the Administrator. Authorizes States, pursuant to approved State programs, to enter, study, and acquire any land adversely affected by hazardous waste at abandoned hazardous waste disposal sites and to do all things necessary to restore, reclaim, abate, control, or prevent such adverse effects if such action is required in the public interest. Specifies conditions under which a State may acquire such lands. Authorizes the sale of such acquired lands after restoration and reclamation has been accomplished where such lands are deemed to be suitable for specified uses. Directs a State to record a lien against lands not acquired by the State for moneys expended to restore, reclaim or prevent adverse effects of hazardous waste disposal on such lands. Authorizes the Administrator to establish and implement programs for maintenance and reclamation of such sites in the event a State fails to receive program approval within one year of enactment of this Act. Stipulates that such Federal programs that such Federal programs shall remain in effect until the approval of a State program. Authorizes the Administrator to provide assistance in specified emergencies caused by the release into the environment of any pollutant or other contaminant associated with a hazardous waste facility. States that any amounts expended for such emergency assistance shall be charged against the Fund established under this Act. Directs the Administrator to prepare a contingency plan for responding to such emergencies. Authorizes the President to delegate to the Administrator any of his functions and authorities under the Disaster Relief Act of 1974 upon a determination that an environmental disaster has occurred, except that the Administrator may not provide assistance under such authorities to any State or local government. Makes the owner or operator of any site for which funds are expended under either a site maintenance and reclamation program or for purposes of emergency assistance liable to the United States or to the State (or to both) for the amount of such expenditure, with specified exceptions. Stipulates that nothing in such liability provisions shall be construed as preempting any State or local law establishing liability with respect to hazardous waste within such State or locality. Title II: Compensation for Damages Caused by Toxic Pollution - Creates a Federal cause of action for damages to any person physically injured by the negligent treatment, storage, or disposal of a toxic pollutant by any person. Makes such person additionally liable for property damage caused by such negligent handling upon a determination by the Administrator that an imminent and substantial hazard exists and the President determines that such negligent handling has resulted in a toxic disaster. Establishes a three-year statute of limitations for actions brought under this title, such period to commence on the date that the Environmental Protection Agency determines the requisite nexus exists between the physical injury or property damage cause of such injury or damage. Authorizes the award of exemplary damages upon a finding by the trier of fact that the conduct of the defendant constituted a gross and wanton disregard for public safety. Sets forth specified rebuttable presumptions. Grants jurisdiction for any action pursuant to this title to a State or Federal district court. Preempts any provision of State law contrary to the provisions, purposes, or intents of this title. Declares that the worker's compensation law of any State shall not deny benefits to any injured person solely for the untimely filing of a claim for benefits where such claim would have been timely under the provisions of this Act. Establishes within the Environmental Protection Agency the Toxic Victims Compensation Board (TVCB). Sets forth the powers and duties of the TPCB. Outlines the procedures for certification as a victim of toxic substance pollution. Sets forth criteria upon which the TVCB shall determine whether the toxic pollutant caused the alleged physical injury or property damage. Entitles certified victims to benefits not to exceed $50,000 per victim for medical expenses, costs of rehabilitation, and lost wages, where such claims are not provided for by insurance. Directs the TVCB to promulgate, through rules and regulations, appropriate forms and procedures for the filing of claims for benefits. Entitles persons other than the victim to payment of benefits if necessary to secure payment of alimony, maintenance of child support, to insure satisfaction of authenticated claims by those who furnished the victim with products or services constituting medical or rehabilitation benefits, or to insure satisfaction of claims for reasonable attorney's fees. States that any payment for such injury or damage shall be charged against the Reclamation and Compensation Fund established under this Act. Subrogates the TVCB to the rights of any victim to whom a payment is made pursuant to this Act. Directs the TVCB to prepare and submit to the Congress and the President annual reports of the activities of the TVCA. Vests jurisdiction for review of any compensation award or other final determination of the TVCB in the appropriate United States district court. Sets forth duties of the Environmental Protection Agency (EPA) in administering this Act. Authorizes the EPA to make studies and investigations to determine whether physical injuries are caused by toxic pollutants. Sets forth procedures for conducting such studies and investigations. Requires the EPA to publish in the Federal Register for public comment any tentative findings of requisite nexus between a physical injury and an allegedly toxic pollutant, and to make and publish a final determination upon a finding of requisite nexus. Authorizes judicial review in the United States district court of such finding by filing a petition praying that the finding be set aside or modified. Title III: Fund for Reclamation and Compensation Fees - Establishes a fund for the maintenance and reclamation of hazardous waste sites, for emergency hazardous waste assistance, and for victim compensation. States that the exemplary damage payments collected under this Act, and fees collected from hazardous waste facility permit holders and oil and gas refinery and terminal owners and operators pursuant to this Act shall form the basis of such fund. Sets forth fee collection procedures and penalties for noncompliance. Title IV: Other Amendments to the Solid Waste Disposal Act - Authorizes the Administrator to designate new hazardous waste disposal sites upon a finding that such sites will be safe and environmentally sound. Requires the Administrator to consult with the National Academy of Sciences (NAS) and affected States and local governments and to take into account results of studies and investigations before designating such sites.
United States · United States Congress · 12 September 1979
Product Liability Risk Retention Act of 1979 - Title I: Risk Retention Groups - Directs the Secretary of Commerce to promulgate standards for the approval of risk retention groups. Defines such groups as entities formed to assume or spread the liability of two or more persons arising from products liability claims or defective construction claims. Enumerates standards which the Secretary may consider in approving any such group including the amount and liquidity of its assets, soundness of its reserves, adequacy of its insurance coverage, and its overall plan of operations. Sets forth factors to be included in a group's application for approval. Authorizes the Secretary to conduct audits of the applicant. Sets forth limitations on the risk coverage afforded to any one person in the group. Authorizes the Secretary to make approval conditional as necessary. Requires any refusal of approval to specify the factual conclusions and legal authority upon which it is based. Authorizes the Secretary to require a group to set a maximum amount of risk which it will accept. Requires such a group's participants to obtain insurance for losses in excess of such maximum limitations. Establishes requirements for the terms of such insurance coverage. Prohibits a group from assuming liability for any person other than its members or its members' affiliates. Permits a group to assume liability which arises from an agreement of hold harmless or indemnity between a member and its supplier, purchaser, or consignee. Requires all or a portion of an individual's product liability or completed operations risk exposure to be assumed by the group. Sets forth requirements concerning the return of a withdrawing member's capital contribution. Prohibits such groups from acquiring reinsurance from its members or affiliates. Prohibits a group from making non-pro-rata assessments or retroactive adjustments based on the loss experience of a member. Directs the Secretary to require each group to maintain reserves which it shall hold as a fiduciary for the benefit of claimants against its members. Prohibits a group from having any interest in the securities or debts of its members or their affiliates. Requires each group to submit annual reports to the Secretary. Declares that this Act shall preempt any State law relating to the formation, operation, or provision of insurance-services to risk retention groups. Stipulates that this Act shall not effect the authority of a State to tax risk retention groups. Applies Federal antitrust laws to such groups. Exempts the ownership interests of such groups from the securities laws. Limits the use of information obtained pursuant to this Act. Permits the Secretary to require data concerning the product liability claims experience of such groups. Authorizes the Secretary to audit each group and to require each group to engage an independent accountant to examine its books, records, and financial statements. Requires each group to pay an application fee and annual fees to cover supervisory expenses of the Secretary. Authorizes the Secretary to revoke the certificate of approval of a risk retention group. Enumerates the circumstances in which such authority may be exercised. Requires that all hearings to revoke a group's certificate of approval be held in the District of Columbia. Exempts such hearings from requirements of law relating to agency adjudications. Empowers the United States District Court for the District of Columbia to hear appeals from orders of the Secretary issued pursuant to this Act. Requires the proceeds from a group's reinsurance policies to be paid to the group's receiver or other appropriate judicial officer if the group is adjudged insolvent. Title II: Group Purchase of Product Liability and Completed Operations Insurance - Exempts any group seeking to purchase liability insurance, its members, or any person who provides such insurance from any State law which restricts group insurance or would prohibit or discriminate against the application of this Act. Title III: Miscellaneous Provisions - Declares that this Act shall not be deemed to affect State tort law. Directs the Secretary to issue rules and regulations and to take all other actions necessary or appropriate to implement this Act.
United States · United States Congress · 7 September 1979
Amends the Foreign Assistance Act of 1961 to authorize disaster relief and reconstruction assistance to alleviate human suffering caused by hurricanes in the Caribbean. Stipulates that priority shall be given to furnishing agricultural commodities under the Agricultural Trade Development and Assistance Act of 1954.
United States · United States Congress · 5 September 1979
Department of Energy Reorganization Act of 1979 - Amends the Department of Energy Organization Act to establish in the Department of Energy the position of Assistant Secretary for Renewable Energy Resources in order to consolidate all energy conservation, solar energy, and energy research, development, demonstration, and commercialization activities currently under the jurisdiction of different Assistant Secretaries of Energy.
United States · United States Congress · 5 September 1979
Social Security Deposit Act of 1979 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to direct a State to pay to the Secretary of the Treasury, within 30 days following the end of each month, OASDI contributions related to the employment of State employees.
United States · United States Congress · 2 August 1979
Small Business Judicial Access Act of 1979 - Title I: Revision of Class Damage Procedures - Repeals Federal Rule of Civil Procedure 23 (b)(3) (class actions where common questions of law or fact predominate) and creates two new types of civil actions against persons whose conduct gives rise to private actions for damages under statutes of the United States: (1) a public action vesting a single claim in the United States where (a) at least 200 persons have each sustained injury of less than $300, and (b) the combined damages exceed $60,000; and (2) a class compensatory action where at least 40 persons have each sustained injury greater than $300. Requires in both actions that the injuries or liability arise out of the same transaction or occurrence and that a substantial common question of law or fact exist. Authorizes the court, in a public action against the United States, to make orders limiting the involvement of the Attorney General. Allows a public action to be brought by the United States or private person in the name of the United States. Authorizes the Attorney General, in actions by a private person, to: (1) assume control of the action; (2) permit prosecution by the private person; (3) refer the action to a State attorney general in specified circumstances; or (4) recommend to the court that the action be dismissed. Requires, in a public action brought by a private person where the United States prevails, the defendant to pay the relator taxable costs, reasonable expenses (including attorney fees where allowed by law), and an incentive fee. Specifies calculation of such fee, to a maximum of $10,000, and precludes payment to the relator's attorney. Establishes guidelines for the calculation of attorney fee awards in both actions. Defines, in a public action where liability has been found, the bases of recovery. Allows the court to include in the judgment injunctive or declaratory relief. Establishes in the Administrative Office of the United States Courts a Public Recovery Fund. Specifies procedures for the administration of such fund for allocation of the fund to injured persons who make claims. Requires, in a class compensatory action, that: (1) damages be proven by any legal method; (2) liability and damages be separately determined; and (3) a defendant found liable identify and serve notice upon persons likely to have been injured. Prescribes procedures for judicial management of public and class compensatory actions relating to: (1) discovery; (2) preliminary hearings; (3) notice to other members of the class; (4) transfer and consolidation of actions; (5) the effect of a judgment on other members of the class; (6) settlement; and (7) the examination of requests for attorney's fees. Title II: Appeal of Small Civil Penalties Against Small Business Concerns - Permits any small business concern to appeal a civil penalty levied against it by a Federal agency directly to a United States district court provided such penalty does not exceed $2,500 and is not within the jurisdiction of the United States Tax Court, Customs Court, Court of Military Appeals, or Court of Claims. Directs the district court to refer such appeals to a United States magistrate who may dismiss an appeal for want of jurisdiction, or affirm, rescind, or modify the civil penalty involved. Declares that any determination on the merits of such an appeal by a magistrate shall be a final nonreviewable order. Title III: Office of Advocacy - Directs the Office of Advocacy within the Small Business Administration to assist the Attorney General, a Federal agency, or a State in performing its duties in advancing public actions in order to facilitate collective relief to small business concerns for violations of Federal statutes. Requires the Chief Counsel for Advocacy to submit specified reports to the President and the Congress on the procedures established by this Act.
United States · United States Congress · 2 August 1979
Amends the Internal Revenue Code to allow a credit against the tax liability of an individual equal to 50 percent of the State and local income taxes paid by such individual in a taxable year. Limits the allowable credit to 20 percent of such individual's tax liability. Disallows tax deductions for State and local individual income taxes, State and local general sales taxes, and State and local gasoline taxes.
United States · United States Congress · 2 August 1979
Foreign Intelligence and Law Enforcement Enhancement Act of 1979 - Amends the Central Intelligence Agency Act of 1949 to exempt information in files maintained by the CIA or the National Security Agency from the provisions of any law requiring publication or disclosure if such files have been specifically designated by the Director of Central Intelligence to be concerned with: (1) scientific or technical systems for the collection of foreign intelligence information; (2) special activities and foreign intelligence operations; (3) investigations conducted to determine the suitability of potential foreign intelligence sources; or (4) intelligence and security liaison arrangements with foreign governments, except to the extent that the files contain information on U.S. citizens and permanent resident aliens under the Freedom of Information Act. Amends the Freedom of Information Act (FOIA) to stipulate that the disclosure provision does not require a law enforcement or intelligence agency to disclose information to any person convicted of a felony under Federal or State law, or to any person acting on such felon's behalf. Revises the FOIA procedures with respect to law enforcement or intelligence agency records, including requirements that the court: (1) examine such records withheld under certain provisions in camera; and (2) rely on agency affidavits unless there appears to be no basis on which such records could have been specifically designated for limited or restricted dissemination or distribution by an agency authorized to make such a designation. Revises the FOIA procedures to increase from ten to 60 days the period from the receipt of a request for records by which an agency must determine whether to comply with such request (allows an additional 60 days for each 200 pages of records encompassed by the request). Requires, instead of authorizes, the court to allow an agency additional time to review its records where the Government shows that exceptional circumstances exist and that the agency is exercising due diligence in attempting to respond to the request. Extends the matters to which the FOIA procedures do not apply to include: (1) records maintained for foreign intelligence, counterintelligence, organized crime, or terrorism purposes; or (2) law enforcement records which would (A) "tend to" disclose (currently, disclose) the identity of a confidential source, including a State or municipal agency or foreign government which furnished information on a confidential basis, or (B) endanger the life or physical safety of any natural person (currently, law enforcement personnel). Stipulates that the disclosure procedures shall not require a law enforcement or intelligence agency to: (1) make available law enforcement records pertaining to an investigation for seven years after termination of the investigation without prosecution or seven years after prosecution; or (2) disclose any information which would interfere with an ongoing criminal investigation or foreign intelligence activity upon proper certification to the Attorney General and a determination that such interference would result.
United States · United States Congress · 2 August 1979
Sales Representatives Protection Act - Title I: Contracts Between Sales Representatives and Principals - Requires a principal to furnish specified information to a sales representative concerning orders placed through the representative's account and a monthly accounting of commissions due such representative. Enumerates items which must be set forth in any contract between a sales representative and a principal. Title II: Indemnification - Exempts principals conforming with such information requirements from the indemnification provisions set forth in this Act. Requires a principal who, without good cause, terminates a contract between such principal and a sales representative, or reduces the rate of commission for orders solicited on behalf of such principal, to indemnify the representative according to this Act. Requires a principal who reduces the size of the geographic territory assigned to a representative for a specified account, which results in a specified reduction in commissions, to indemnify such representative. Sets forth formulae for the indemnification of such representatives. Title III: Miscellaneous - Allows a plaintiff to bring an action to enforce any rights or liabilities created by this Act in a United States district court. Stipulates the procedure for such action.
![Official portrait of Rep. LaFalce, John J. [D-NY-29]](https://www.congress.gov/img/member/l000556_200.jpg)