United States · United States Congress · 13 May 1980
Amends the Controlled Substances Act to permit specified practitioners to register to dispense heroin for an inpatient who has been diagnosed as being terminally ill with cancer.
United States · United States Congress · 16 April 1980
Requires the President to take the necessary actions to insure that the Government consumes 20 percent less energy during the first calendar year beginning 60 months after enactment of this Act than it consumed during the calendar year in which this Act is enacted.
United States · United States Congress · 16 April 1980
Directs the President to utilize the forum of the Venice Economic Summit to urge the development of an International Code of Business Conduct. Expresses the sense of Congress that the President should negotiate and report to Congress concerning agreements to establish standards of ethical and equitable conduct of international business and mechanisms to resolve problems. Requires the Joint Economic Committee to report to Congress concerning its recommendations regarding such negotiations.
United States · United States Congress · 15 April 1980
American Fisheries Promotion Act - Title I: Research and Development Regarding United States Fisheries - Directs that funds transferred by the Secretary of Agriculture to the Secretary of Commerce from duties collected under custom laws on fishery products shall be maintained in a separate fund and used by the Secretary of Commerce to: (1) provide financial assistance for the purpose of carrying out fisheries development projects approved under this Act; and (2) implement the national fisheries research and development program as set forth by this Act. Directs the Secretary of Commerce to make grants from such fund to assist persons in carrying out research and development fishery projects, including, but not limited to, harvesting, processing, marketing, and associated infrastructures. Subjects each such grant to such terms and conditions as the Secretary may require to protect the interests of the United States. Requires the Secretary to carry out a national program of research and development addressed to United States fisheries, if not adequately covered by projects assisted by grants made pursuant to this Act. Requires the Secretary, not later than 60 days before the close of each fiscal year, to submit to specified Congressional committees a report containing: (1) the fisheries development goals and funding priorities for the next fiscal year; (2) the status of each pending project; and (3) an analysis and evaluation of all projects assisted under this Act. Specifies, with respect to any fiscal year, that not less than 75 percent of the moneys transferred to the fund and such existing fund moneys carried over into that fiscal year shall be used by the Secretary to provide financial assistance for projects and the remainder of such moneys shall be used to implement the national fisheries research and development program. Requires the Secretary to award a grant for or carry out pursuant to the national fisheries research and development program: (1) a project to establish and operate a system (in which participation must be voluntary) to grade the quality of fish landed at a United States port; or (2) a project to improve fuel efficiency in carrying out fishing operations within a United States fishery. Directs the Secretary of Commerce to appoint not fewer than six officers who shall, with the concurrence of the Secretary of State, serve abroad to promote United States fishing interests. Requires the Secretary of State, upon the request of the Secretary of Commerce, to officially assign the officers to the diplomatic mission of the United States in the country in which such officers are placed, and to obtain for them diplomatic privileges and immunities. Title II: Amendments to the Merchant Marine Act, 1936 - Extends provisions of the Merchant Marine Act of 1936 which govern a capital construction fund for vessels built in the United States to govern such a fund for fishing vessels built in, and fishing facilities located in, a Commonwealth, territory, possession, or State of the United States. Authorizes the Secretary: (1) to guarantee the payment of obligations for financing or refinancing the construction, reconstruction, or reconditioning of fishery facilities capable of being used for priority development fisheries; and (2) to apply an economic soundness test with respect to guarantees of obligations for fishing vessels or facilities designed for use in such priority fisheries which is less stringent than the test applicable to other obligation guarantees under such Act. Directs the Secretary to establish within the Federal Ship Financing Fund three subfunds to contain moneys for obligation guarantees for: (1) fishing vessels and facilities meeting the more stringent test; (2) high risk fishing vessels and facilities meeting the less stringent test; and (3) vessels other than fishing vessels. Declares that during the period beginning on the date of the enactment of this Act and ending at the close of September 30, 1982, the Secretary of Commerce may make loans from the fisheries loan fund only for the purpose of assisting obligors to avoid default on obligations that are issued with respect to the construction, reconstruction, reconditioning or purchase of fishing vessels. Title III: Amendments to the Fishery Conservation and Management Act of 1976 - Amends the Fishery Conservation and Management Act of 1976 to provide for a reduction of the total allowable level of foreign fishing, if any, with respect to any United States fishery for each of the harvesting seasons 1981, 1982, 1983, and 1984. Declares that the total allowable level of foreign fishing permitted within any United States fishery during any harvesting season after the 1984 harvesting season is zero, except if the Secretary of Commerce determines that such reduction will result in a substantial surplus of fish stocks within the fishery and that such surplus will not be harvested by vessels of the United States during such harvesting season. Specifies that a recommendation by the Secretary that such reduction be deferred or continued with respect to any harvesting season shall take effect only if: (1) a report containing the recommendation is received by Congress not later than 90 days before the opening day of the respective harvesting season; and (2) neither House of Congress, within the 60 day period beginning on the day on which the report is received by Congress, adopts a disapproval resolution. Requires the owner or operator of any foreign fishing vessel for which a permit is issued pursuant to the Fishery Conservation and Management Act of 1976 to pay an additional fee equal to ten percent of the ex vessel price of the catch harvested under such permit. Requires the Secretary of Commerce to establish a program under which a United States observer will be stationed aboard each foreign fishing vessel while that vessel is within the fishery conservation zone and is: (1) engaging in fishing; (2) accepting United States harvested fish through transfer at sea; (3) cruising to and from a location at which any such fishing or transfer will transpire; or (4) taking highly migratory species. Requires such observers, while aboard foreign fishing vessels, to carry out such scientific and other functions as the Secretary deems necessary to carry out the purposes of this Act. Directs the Secretary to impose, with respect to each foreign fishing vessel, a surcharge in an amount sufficient to cover all costs of providing a United States observer aboard that vessel. Establishes, in the Treasury of the United States, the Foreign Fishing Observer Fund in which the Secretary shall deposit all surcharges collected.
United States · United States Congress · 2 April 1980
Directs the Secretary of Health and Human Services (formerly, the Secretary of Health, Education, and Welfare) to conduct a clinical investigation of the safety and efficacy of dimethyl sulfoxide as a drug to be used by persons with arthritis.
United States · United States Congress · 1 April 1980
Proclaims October 19, 1981, a national day of celebration as the two hundredth anniversary of the victory of General George Washington at Yorktown, Virginia.
United States · United States Congress · 31 March 1980
Coastal Management Improvement Act of 1980 - Amends the Coastal Zone Management Act of 1972 to specify that such Act may be cited as the "Coastal Management Act of 1972." Declares that it is the national policy to provide for programs that should at least provide for: (1) the protection of significant natural systems within the coastal zone; (2) the management of coastal development; (3) priority consideration to coastal-dependent uses and orderly processes for siting major facilities related to national defense, energy, fisheries development, recreation, ports and transportation; (4) public access to the coasts for recreation purposes; (5) the coordination and simplification of procedures in order to ensure expedited governmental decisionmaking for the management of coastal resources; (6) continued consultation and coordination with affected Federal agencies; and (7) the giving of timely and effective opportunities for public participation in coastal management decisionmaking. Defines the term "coastal resource of national significance" for the purposes of this Act. Allows the Secretary to Commerce to make a grant annually to any coastal State for not more than 80 percent of the costs of administering such State's coastal management program if the Secretary determines that such program meets specified requirements. Encourages the coastal States to amend their coastal management programs to provide for: (1) the inventory and designation of coastal resources of national significance within the coastal zone of the State; (2) the identification of land and water uses permissible with respect to coastal resources of national significance; and (3) specific and enforceable State standards to ensure that human activities are carried out in a manner that is consistent with the purposes of this Act. Requires the Secretary, with respect to any coastal State which, by October 1, 1984, has not amended its coastal management program to comply with this Act or does not have an approved management program, to: (1) inventory and designate the coastal resources of national significance within that State's coastal zone; (2) identify those permissible land and water uses with respect to designated resources; and (3) specify such standards as are necessary to ensure that human activities are carried out in a manner consistent with the purposes of this Act. Allows any coastal State to which the Secretary has prescribed such regulations to amend its management program to comply with the requirements of this Act. Requires the Secretary upon approval of such amendments to repeal the applicable regulations. Allows the Secretary to make grants annually to any eligible coastal State to assist that State in meeting one or more of the following objectives: (1) the preservation or restoration of specific areas of the State; (2) the redevelopment of deteriorating and underutilized urban waterfronts and ports that are designated in the State's management program as areas of particular concern; and (3) the provision of access to public beaches and other public coastal areas and to coastal waters. Allows such grants to be used for: (1) the acquisition of fee simple and other interests in land; (2) construction projects determined by the Secretary to be consistent with the purposes of this Act; (3) engineering designs, specifications, and other appropriate reports; (4) appropriate transportation systems; and (5) management costs and such other related costs as the Secretary determines to be consistent with the purposes of this Act. Limits such grants to no more than 80 percent of the costs of carrying out, during the fiscal year concerned, the purpose or project for which it was awarded. Allows an eligible coastal State, with the approval of the Secretary, to allocate a grant to a local government, an areawide agency, a regional agency, or an interstate agency. Requires the Secretary to assist eligible coastal States and their local governments in identifying other sources of available Federal technical and financial assistance regarding the objectives of this Act, and, through the Secretarial Representatives of the Department of Commerce in the standard Federal regions, to attempt to achieve simplified and expedited procedures for obtaining such Federal assistance. Authorizes the Secretary to permit two or more coastal States to use a portion of the resource management grants made to them under this Act for the purposes of interstate coastal management coordination. Allows any person having an interest which is or may be adversely affected to commence a civil action on his own behalf to compel compliance with this title against any person, including the United States, and any other government instrumentality or agency for any alleged violation of any provision of this title or any regulation promulgated under this title. Requires the Secretary to conduct a continuing review of the performance of coastal States with respect to coastal management. Provides for the reduction of financial assistance to any coastal State if the secretary determines that the coastal State is failing to make significant improvement in achieving the coastal management objectives. Directs the Secretary to withdraw approval of the management program of any coastal State, and to withdraw any financial assistance available to that State if the Secretary determines that the coastal State is failing to adhere to, and is not justified in deviating from: (1) the management program approved by the Secretary: or (2) the terms of any grant or cooperative agreement funded under this Act. Terminates the program of grants to coastal States for research and technical assistance for coastal zone management. Abolishes the Coastal Zone Management Advisory Committee. Requires the Secretary to prepare and submit to the President for transmittal to the Congress a report summarizing the administration of such Act during each period of two consecutive fiscal years. Requires the Secretary to conduct a systematic review of Federal programs, other than the coastal zone management programs set forth in such Act, which affect coastal resources for purposes of identifying conflicts between the objectives and administration of such programs and the purposes and policies of such Act. Requires the Secretary, within one year after the date of enactment of this Act, to notify each Federal agency having appropriate jurisdiction of any conflict between its program and the purposes and policies of this title. Allows the Secretary to make grants to any coastal State for the purposes of acquiring lands to provide for the preservation of islands. Authorizes appropriations to carry out the grants under this Act.
United States · United States Congress · 19 March 1980
Expresses the sense of the Congress that U.S. foreign policy should reflect a national strategy of peace through strength with specified principles and goals.
United States · United States Congress · 5 March 1980
Expresses the sense of the House of Representatives that the first concurrent resolution on the budget for fiscal year 1981 reported by the Committee on the Budget shall limit budget outlays to 21 percent of the gross national product.
United States · United States Congress · 3 March 1980
Authorizes appropriations for the Coast Guard for fiscal year 1981. Sets forth the amount of funds allocated for: (1) operation and maintenance expenses; (2) acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto; (3) alteration or removal of bridges over navigable waters of the United States constituting obstructions to navigation; and (4) research, development, tests, and evaluation. Permits the Coast Guard to have an end-of-year strength for active duty personnel of 39,487, provided that such ceiling does not include members of the Ready Reserve called to active duty. Specifies the average military training student loads for the Coast Guard as follows: (1) recruit and special training, 4,175 students; (2) flight training, 117 students; (3) professional training in military and civilian institutions, 595 students; and (4) officer acquisitions, 925 students. Authorizes the lease of housing facilities in foreign countries on a multiyear basis for a period not to exceed five years, and in accordance with local custom and practice, provides for advance payment for the lease. Authorizes the Secretary of the Department in which the Coast Guard is operating to increase the existing capital of the Coast Guard Supply Fund by the value of usable materials transferred thereto from Coast Guard inventories carried in other accounts. Disallows reductions in the rate of pay and allowances to which appointed temporary officers would have been entitled had they remained in their former grade and continued to receive the increases in pay and allowance authorized for that grade. Permits the payment of a monetary allowance in place of transportation to a member whose baggage and household effects are moved by a privately owned or rented vehicle. Allows the payment of the allowance in advance of the transportation of the baggage and household effects, and does not limit the allowance to reimbursement for actual expenses. Requires the owner or operator of a vessel documented or to be documented as a vessel of the United States to reimburse the Secretary for the travel and subsistence expenses incurred by the personnel assigned to perform the inspection or examination when the inspection or examination is conducted at a foreign port or place at the request of the owner or operator.
United States · United States Congress · 27 February 1980
Expresses the sense of the Congress that the Secretary of Energy should not promulgate any Federal emergency energy conservation plan which would harm recreational boating.
United States · United States Congress · 25 February 1980
Amends the Federal criminal code to specify prohibited activities with respect to the administration or use of a polygraph examination on behalf of an employer engaged in business affecting interstate commerce. Forbids any such examination from including inquiries into: (1) any event occurring more than seven years before the examination date; (2) any information or belief relating to any matter involving religion, race, politics, or labor organizations; and (3) any matter relating to sexual behavior, unless such behavior is related to job performance. Prohibits a person from administering any such polygraph examination unless the individual taking the test: (1) is given a verbatim statement of each question to be asked; (2) consents in writing to participating in the examination; (3) is informed that no Federal law requires such participation; and (4) is provided an opportunity to explain any reaction indicating emotional stress occurring during the examination. Prohibits a person administering such an examination from: (1) refusing to provide the individual with a copy of any report or recommendation prepared for the employer on whose behalf the examination was administered; (2) disclosing the test results to anyone except the individual or employer or in certain types of investigations; and (3) intentionally preparing any misleading, biased, or falsified report or recommendation in connection with such examination.
United States · United States Congress · 5 February 1980
Small Business Equal Access to Justice Act - Title I: Small Business Administration Office of Advocacy - Amends title II of the Small Business Investment Act (Study of Small Business) to direct the Office of Advocacy within the Small Business Administration to assist the Attorney General, Federal agencies, and the Chairman of the Administrative Conference to facilitate relief afforded to small businesses under such Act. Requires the Chief Counsel for Advocacy to submit biennial reports to the President and Congress on awards made to small businesses under such Act. Title II: Small Business Equal Access to Justice - Excludes from the definition of "party" for purposes of this Act: (1) an individual whose net worth exceeds $1,000,000; and (2) any partnership, corporation, association, organization, or sole owner of an unincorporated business whose net worth exceeds $5,000,000, but includes an agricultural cooperative, as defined in the Agricultural Marketing Act, regardless of its net worth. Entitles a prevailing party (other than the United States) to be awarded fees and other expenses, including attorney fees, which were incurred by such party in: (1) an administrative adjudication (excluding ratemaking and license application hearings, but including such actions as suspension or modification of a license); or (2) in any civil action, other than a tort, brought by or against the United States, unless the agency conducting such adjudication, or the court having jurisdiction of such action, finds that the position of the agency or the United States was substantially justified or that special circumstances make an award unjust. Allows the agency or the court to reduce any such award to the extent that the prevailing party unduly and unreasonably protracted the final resolution of the matter in controversy. Stipulates that such awards in administrative adjudication shall be paid by the particular agency over which the party prevails, but prohibits authorization of appropriations to such agency for the specific purpose of such payments. Authorizes a party dissatisfied with such award in an administrative adjudication to petition for leave to appeal the decision in an appropriate Federal court. Authorizes a court to award reasonable attorney fees to the prevailing party in any civil action brought by or against the United States or any agency, including the Post Office, or official of the United States acting in an official capacity, where the court may award such fees in such suits involving private parties (thus applying to Government litigation the common law and statutory exceptions to the "American rule" which requires parties to be responsible for their own attorney fees). Directs the Administrative Conference of the United States and the Administrative Office of the United States Courts to report annually on the amount of fees and expenses awarded during the preceding fiscal year in such agency adjudications and civil actions. Makes this Act applicable to any civil action pending on, or commencing after, the date of enactment, except for civil tax actions, which shall be subject to this Act six months after enactment. Directs the Office of the Chairman of the Administrative Conference of the United States and Director of the Administrative Office of the United States Courts to provide to the Small Business Office of Advocacy the information required to be collected in title I of this Act.
United States · United States Congress · 5 February 1980
Expresses the sense of Congress that the Soviet Union should release Andrei Sakharov from internal exile immediately. Urges the President to: (1) protest Sakharov's exile and the continued suppression of human rights in the Soviet Union; (2) call upon other nations to join in such protests and impose sanctions against the Soviet Union; and (3) inform Helsinki signatory governments that the U.S. delegation intends to raise these violations at the 1980 Conference on Security and Cooperation in Europe review meeting.
United States · United States Congress · 4 February 1980
Medical Expense Protection Act - Title I: Catastrophic Automatic Protection Plan - Adds a new title to the Social Security Act, Title XXI - Catastrophic Automatic Protection Plan. Establishes a voluntary insurance plan to provide automatic protection to families against catastrophic medical expenses, the Catastrophic Automatic Protection Plan (CAPP), to be funded by general revenues and coinsurance amounts. Provides that a family will be eligible for CAPP assistance for CAPP covered expenses after members of the family incur medical expenses equal to the deductible. Stipulates that eligibility is contingent upon the payment of specified coinsurance amounts. Provides that the deductible and coinsurance amounts shall be equal to approximately 10 to 20 percent of family income, graduated according to income. Provides that there shall be no coinsurance payments after a family has incurred expenses equal to the "CAPP stop-loss". Provides that the CAPP stop-loss for any year shall be equal to approximately 10 to 25 percent of family income, again graduated according to income. Sets forth provisions relating to applications for assistance under this Act. Requires any family filing for assistance under this Act to file an income statement with the Secretary of Health and Human Services. Permits civil penalties to be imposed for submission of an intentionally false statement. Provides that payments shall be made for 100 percent of covered CAPP medical expenses and services except that in the case of prescription drugs for chronic illness the payment rate shall be 75 percent. Provides that there shall be no coinsurance for such drugs. Provides that payments with respect to CAPP covered services which are described in title XVIII (Medicare) of the Act shall be made to providers, with specified exceptions, in the amount and in accordance with the procedures set forth in such title. Establishes the Catastrophic Automatic Protection Plan Trust Fund in the United States Treasury. Appropriates to the fund, out of any moneys in the Treasury not otherwise appropriated, amounts necessary to make CAPP payments. Creates a Board of Trustees to hold the Fund, report to Congress concerning the Fund, and review policies allowed in managing the Fund. Directs the Secretary to provide for a listing of drug entities which may be legally introduced into interstate commerce with specified therapeutic categories. Provides that any individual dissatisfied with any determination relating to the individual's eligibility for or amount of CAPP benefits shall be entitled to a hearing concerning such determination and to judicial review of the Secretary's final decision. Sets forth definitions of terms used in this Act, including "CAPP covered services" which is defined as services furnished to an individual to the extent payment for such service may be made under the Medicare program, except that under CAPP: (1) inpatient psychiatric services shall be covered for 45 days in a calendar year; (2) items and services related to pregnancy, delivery, and care of a child through the first year are covered; (3) immunizations against serious communicable diseases are covered; and (4) prescription drugs for "chronic illness" are covered for an individual entitled to hospital insurance benefits under Medicare. Directs the Secretary to provide for an evaluation, by an entity outside the Department of Health and Human Services, of the implementation of this Act during its first five years and to report to Congress on the evaluation. Title II: Employer Health Plans - Amends the Internal Revenue Code to exclude from gross income, subject to stated conditions, amounts received by an employee through an accident or health plan towards which the employer contributed, only if the plan is a qualified plan. Subjects such exclusion to certain conditions, including: (1) the employer must make a contribution equal to at least 50 percent of the premium for the least expensive qualified plan; (2) requiring the employer to pay the employee a monthly rebate if the employee is offered more than one qualified plan and the employer contribution for the plan the employee selects would be greater than the premium of a low option plan, or the employee elects to participate in no qualified plan and is otherwise covered by a qualified plan; and (3) that the employer contribution for any employee for a family plan shall not exceed $120 per month. Defines terms including, among others, "qualified health plan." Defines such plan as a plan of an employer providing medical care for employees and their families which the Secretary certifies as meeting certain requirements, including the provision of CAPP covered services after the employee has incurred out-of-pocket expenses in excess of $2,500. Prohibits an income tax deduction for contributions by an employer to a health plan for compensation to his or her employees for sickness, unless the employer offers a qualified plan. Limits the income tax deduction for medical and dental expenses to an individual: (1) who is blind or disabled as determined under title XVI (Supplemental Security Income) of the Act or is receiving Medicare benefits because of end-stage renal disease; or (2) for care while a resident of a long-term care facility or of an institution for the care, rehabilitation or training of the physically or mentally handicapped. Provides for a deduction, not to exceed $250, for one-half of the premiums for a qualified health plan. Title III: Medicare Amendments - Amends title XVIII (Medicare) of the Social Security Act to remove the time limitation on inpatient hospital care. Makes individuals entitled to benefits under part A (Hospital Insurance) of title XVIII of the Act eligible for certain benefits under CAPP. Eliminates coinsurance under part A. Provides that any charge for any service or procedure performed by a doctor shall be reasonable if: (1) the service or procedure is performed in a designated physician shortage area; (2) the physician has a regular practice in the shortage area; (3) the charge does not exceed the prevailing charge level as otherwise determined; and (4) the charge does not exceed the amount generally charged by such physician for similar services. Permits entities utilized for administering the Medicare program to be utilized for administering CAPP. Title IV: Studies and Miscellaneous Provisions - Directs the Secretary: (1) to provide for studies of, and demonstration projects with respect to, the desirability and feasibility of adding a long-term care program into the Medicare program or CAPP and to report to Congress the results of the studies and projects; (2) to conduct a study of the feasibility of, and options with respect to, consolidating title XIX (Medicaid) of the Act into CAPP or other programs and to report to Congress concerning such study; and (3) to conduct a study of the feasibility of promoting better efficiency and effectiveness in the Medicare and Medicaid programs by permitting those eligible under such programs the option of receiving benefits through competitive private plans to report to Congress concerning such study. Requires the Secretary to reduce Medicaid payments to a State if the State reduces the number of categories of individuals eligible for benefits or the amount of benefits provided under: (1) title V (Maternal and Child Health), XIX, or XX (Grants to States for Services) of the Act; or (2) any program providing benefits similar to those under title XXI, and such reduction results in an increase in the amount of payments that would otherwise be made under such title. Amends the Federal Trade Commission Act to consider it an unfair trade practice for any entity to advertise that any amounts paid to an individual represents reimbursement for the deductible under CAPP.
United States · United States Congress · 30 January 1980
Expresses appreciation to Canada for: (1) its historic close relations and cooperation with the United States in conducting foreign policy; (2) its support for U.S. efforts to obtain the safe release of the hostages in Iran; and (3) its efforts to protect and arrange the safe departure of certain U.S. citizens from Iran.
United States · United States Congress · 30 January 1980
Urges the President to: (1) notify the Soviet Union that the United States will terminate the Agreement on Maritime Matters, unless Soviet troops are withdrawn from Afghanistan; and (2) refuse the Soviets permission to enter U.S. ports, until such troops are withdrawn.
United States · United States Congress · 24 January 1980
Expresses the sense of the Congress that the United States should immediately initiate an accelerated production and deployment of cruise missile carrying B-1 bombers.
United States · United States Congress · 24 January 1980
Expresses the sense of Congress that the Soviet Union should release Andrei Sakharov from internal exile immediately. Urges the President, through the Secretary of State to: (1) express U.S. opposition to Sakharov's exile; (2) inform the Soviet Union that the United States will take into account, in evaluating its reactions with other countries, the extent to which those countries honor their commitments under international law.
United States · United States Congress · 23 January 1980
Expresses the sense of Congress to condemn Soviet actions taken against Andrei Sakharov which further show the lack of the Soviet Union's fitness to host the Olympics.
United States · United States Congress · 22 January 1980
Expresses the sense of Congress that the President should suspend the entry of aliens from Iran until the U.S. hostages in Iran are released or full relations are restored between Iran and the United States.
United States · United States Congress · 18 December 1979
Used Machinery Investment Credit Adjustment Act of 1979 - Amends the Internal Revenue Code to increase from $100,000 to $200,000 the cost of used property which is eligible for the investment tax credit.
United States · United States Congress · 14 December 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 corporations, or other limited liability associations taxable as corporations, whose principal activity consists of assuming and spreading all or any portion of the product liability or completed operations liability risk exposure of its group participants and which are organized, under the laws of a State, for the primary purpose of conducting such activity. Sets forth factors to be included in a group's application for approval. Enumerates Standards which the Secretary must consider in approving any such group, including the amount and liquidity of its assets, soundness of its reserves, adequacy of the expertise and experience of those responsible for its management, adequacy of its loss prevention programs and those of its group participants, and failure to disclose material facts of circumstances bearing on its qualifications. Sets forth limitations on the risk coverage afforded to any one person in the group. Authorizes the Secretary to waive such limitations upon determination that the group is likely to be financially sound and capable of shifting and distributing the risks of its group participants. Directs the Secretary to issue certificates of approval to applicant groups upon determination that such groups have sound plans of operation in accordance with standards promulgated by the Secretary. Requires any refusal of approval to specify the factual conclusions and legal authority upon which it is based. Authorizes the Secretary to conduct audits of the applicant and its group participants. 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. Requires all or a portion of an individual's product liability or completed operations risk exposure be assumed by the group. 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. Prohibits a group from making non-pro-rata assessments or retroactive adjustments based on the loss experience of a member. Sets forth requirements concerning the return of a withdrawing member's capital contribution. Prohibits such groups from acquiring reinsurance from its members or affiliates. Directs the Secretary to requires each group to maintain reserves: (1) to meet incurred losses and loss adjustment expenses; and (2) for unearned premiums paid or to be paid to the group by its group participants. Requires that such reserves be invested prudently. Requires each group to submit information on plan changes and annual reports to the Secretary. Directs the Secretary to ensure that other required reports do not constitute as undue burden upon groups. 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. Directs the Secretary to promulgate regulations relating to claims settlement practices of such groups and to consumer protection taking into consideration State laws on such matters. 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 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. Empowers the United States District Court for the District of Columbia to hear appeals from orders of the Secretary issued pursuant to this Act. Title II: Group Purchase of Product Liability Insurance 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 groups 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. Directs the Secretary to report to the appropriate committees of Congress on the implementation of this Act.
United States · United States Congress · 6 December 1979
Consumer-Patient Radiation Health and Safety Act of 1979 - Directs the Secretary of Health, Education, and Welfare to promulgate within one year of enactment radiation protection standards for: (1) the accreditation of educational programs conducted by institutions for persons administering radiologic procedures; and (2) the certification of persons who administer radiologic procedures. Provides for Federal agency compliance with standards promulgated under this Act. Requires each Federal agency which is authorized to extend assistance for radiologic procedures to provide such assistance three years after enactment only in States administering accreditation and certification programs which meet the minimum Federal standards promulgated under this Act. Directs the Secretary to provide assistance to States in establishing programs to achieve the purposes of this Act, including the preparation of model law for consumer-patient radiation safety. Authorizes the Secretary to make grants to: (1) institutions conducting educational programs which meet the criteria required by this Act; and (2) private, nonprofit, autonomous organizations for accreditation or certification activities; and (3) States for the planning, development, and operation of accreditation or certification activities.
United States · United States Congress · 6 December 1979
Telephone Privacy Act - Amends the Communications Act of 1934 to prohibit unsolicited commercial telephone calls to a telephone subscriber who has notified the telephone company that he does not wish to receive such calls. Directs the Federal Communications Commission to prescribe regulations specifying the manner in which a telephone subscriber shall notify the telephone company that he does not wish to receive unsolicited calls. Prescribes criminal penalties for violations of this Act. Excludes from the definition of "unsolicited commercial telephone calls" calls made in response to an express request of the individual called or made in connection with an overdue debt or contractual obligation.
United States · United States Congress · 6 December 1979
Expresses the sense of Congress that the President should establish a Federal strike force and implement a program in each Federal judicial district for the purposes of investigating and prosecuting members of outlaw motorcycle gangs who commit Federal crimes.
United States · United States Congress · 5 December 1979
Rulemaking Improvements Act - Amends the Administrative Procedure Act to revise the definition of the term "rule" to include an agency statement which is applied in a manner which has the effect of implementing, interpreting, or prescribing law or policy. Defines the term "emergency rule" as a rule which becomes effective prior to the expiration of the time period required by such Act for public notice of and participation in agency rulemaking and for which the agency publishes a statement finding that a delay in the effective date would seriously harm a person, legislative policy, or the public interest. Requires general notice of a proposed rulemaking to be published or served at least 90 days before the effective date of the rule. Requires that such notice include: (1) a description of each significant benefit likely to be achieved by the rule; (2) a description of the significant costs and adverse effects likely to be incurred by the public and private sectors as a result of the rule; (3) an explanation of how such benefits will outweigh such costs and adverse effects; (4) a description of all reasonable alternative public or private means of achieving such benefits; and (5) an explanation of why such benefits cannot be achieved by means other than promulgation of the rule. Exempts emergency rules from such general notice requirements. Limits the duration of emergency rules to 90 days. Requires each agency to provide interested persons: (1) at least 60 days to participate in a rulemaking proceeding; and (2) an opportunity to present evidence orally and to cross-examine agency experts at such a proceeding. Prohibits any rule from becoming effective unless the responsible agency determines that: (1) the benefits outweigh the costs and adverse effects of the rule; and (2) the proposed rule will achieve such benefits at the lowest cost and with the fewest adverse effects of any alternative approach identified. Directs the agency to include an explanation of such determination on publication of the final rule in the Federal Register.
United States · United States Congress · 29 November 1979
Expresses the sense of Congress that the President should inform Iran that the United States will initiate military operations against Iran unless the hostages held in the U.S. Embassy in Tehran are released by a certain day. Declares that the President should order U.S. Armed Forces into areas adjacent to Iran for appropriate action.
United States · United States Congress · 16 November 1979
Consumer-Patient Radiation Health and Safety Act of 1979 - Directs the Secretary of Health, Education, and Welfare to promulgate: (1) Federal radiation guidance with respect to consumer-patient radiation matters directly or indirectly affecting public health; (2) guidelines regarding medical and dental exposure to consumer-patients; and (3) criteria and guidelines with respect to: (A) the application of diagnostic X-rays to consumer-patients; and (B) the therapeutic application of radiation to consumer-patients; and (C) the application of radiation to consumer-patients in the treatment of disease. Transfers the consultative and advisory functions of the Administrator of the Environmental Protection Agency with respect to radiation matters affecting health to the Secretary of Health, Education, and Welfare. Directs the Secretary to promulgate voluntary minimum standards for: (1) the accreditation of educational institutions conducting education programs in radiologic services; and (2) the licensing of radiologic technologists. Directs the Secretary to provide assistance to States in establishing programs to achieve the purposes of this Act. Stipulates that such assistance shall include model laws and may include educational curriculum and teaching aids. Authorizes the Secretary to make grants to educational programs accredited under this Act, States, professional organizations, and State radiation protection agencies to carry out the purposes of this Act. Provides for Federal agency compliance with standards promulgated under this Act.
United States · United States Congress · 16 November 1979
Expresses the sense of Congress that the President should terminate U.S. sanctions against Zimbabwe-Rhodesia upon the appointment and arrival of a British Governor in Salisbury.
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
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
Expresses the sense of Congress that the President should exercise the authorities under the International Emergency Economic Powers Act with respect to Iran.
United States · United States Congress · 1 November 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 1.5 percent of the amount by which the taxpayer's adjusted gross income exceeds $30,000. Provides for the termination of the credit for taxable years ending after December 31, 1983.
United States · United States Congress · 31 October 1979
Amends the Internal Revenue Code to allow an income tax deduction for casualty loss of depreciable fruit or nut trees. Sets a minimum deduction of the fair market value on the date such loss occurs, with a further allowance for an up to ten-year carryback and an up to four-year carryover.
United States · United States Congress · 31 October 1979
Amends the Internal Revenue Code to set the basis of the income tax deduction for casualty loss of timber at not less than the fair market value immediately before such casualty. Provides for a ten-year carryback and a four-year carryover of such deduction.