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Official portrait of Rep. Murphy, John M. [D-NY-17]

Rep. Murphy, John M. [D-NY-17]

United States · Official source

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1,738 records where Rep. Murphy, John M. [D-NY-17] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HRH.R. 5472 (96th)passed

A bill to revitalize the pleasure cruise industry by clarifying and waiving certain restrictions in the Merchant Marine Act, 1936, and the Merchant Marine Act, 1920, to permit the entry of the steamship vessel United States, steamship vessel Oceanic Independence, steamship vessel Santa Rosa and the steamship vessels Mariposa and Monterey into the trade.

United States · United States Congress · 28 September 1979

Directs the Secretary of the department in which the Coast Guard is operating to cause the vessel Oceanic Independence and the steamship Santa Rosa to be documented as vessels of the United States entitled to engage in the coastwise trade. Limits the trade for such vessels to the carrying of passengers and their accompanying baggage. Authorizes the steamship vessel United States to engage in the domestic and foreign commerce of the United States or between foreign ports so long as the vessel's domestic trade is limited to the carriage of passengers and their baggage. Stipulates that the steamships Mariposa and Monterey may, subject to the approval of the Secretary of Commerce, be allowed to remain under the American flag and operate totally in both the domestic and foreign commerce of the United States and/or between foreign ports.

Law· HRH.R. 5451 (96th)open

An act to amend the Merchant Marine Act, 1936, to revise and reenact the laws pertaining to the United States Merchant Marine Academy and to State maritime academies and for other maritime education and training purposes.

United States · United States Congress · 27 September 1979

Maritime Education and Training Act of 1979 - Amends the Merchant Marine Act of 1936 to integrate existing provisions of Federal law concerning maritime education and training by the United States Merchant Marine Academy (Academy), State maritime colleges, and civilian nautical schools. Directs the Secretary of Commerce to establish minimum requirements and a system of competition for selecting candidates to the Academy. Prohibits granting any preference in the selection process to members of the families of Academy alumni. Requires the Panama Canal Commission to nominate candidates from the areas and installations made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements. Authorizes the Secretary to make a limited number of noncompetitive appointments to the Academy each year. Requires each candidate who is a U.S. citizen, as a condition of appointment, to sign an agreement committing the candidate: (1) to complete instruction at the Academy; (2) to obtain and maintain an officer's license in the United States merchant marine for six years following graduation; (3) to apply for and, if tendered, accept a six-year appointment as a commissioned officer in the United States Naval Reserve; (4) in lieu of such appointment, to serve the U.S. national defense or foreign commerce for five years; and (5) to report to the Secretary on compliance with such agreement. Authorizes the Secretary to order any cadet who violates the agreement to active duty to serve the unexpired portion of required service. Authorizes the chairmen of the congressional committees having legislative jurisdiction over the Academy to designate committee staff members as staff members for the Board of Visitors of the Academy. Directs the Governors of the States or territories cooperating to sponsor a regional college to identify the State or territory to conduct the affairs of such college. Declares that a regional maritime college is eligible for Federal assistance on the same basis as a State maritime college. Authorizes the Secretary: (1) to pay the costs to such a regional or State college (college) for fuel used for training cruises; and (2) to provide for training of college students on Government-owned and subsidized vessels or other vessels. Requires the Secretary to assist the colleges with the operation and maintenance of new vessels. Stipulates that a college, as a condition for receiving Federal assistance or a training vessel, must require Students to pass the examination for an entry-level merchant marine officer's license. Authorizes the Secretary of the Navy to appoint students graduating from a college which receives Federal assistance as Reserve midshipmen of the U.S. Navy or to commission such students as Reserve ensigns in the Navy. Authorizes the Secretary to make loans to college students. Requires that each student receiving a loan agree to certain conditions concerning use of the loan and post-graduate service obligations. Declares that such a loan shall be forgiven if the student: (1) completes all terms of the loan agreement; or (2) is separated from the college because of failure to meet the academic requirements of the college or the physical requirements for a merchant marine officer's license. Allows the Secretary to waive payment of the loan under specified circumstances. Includes service as an administrative enrollee of the United States Maritime Service (USMS) as Federal service for those enrollees appointed to civil service positions. Stipulates that: (1) such USMS service shall be counted either toward one periodic step increase or toward one additional step increase; and (2) after appointment to the civil service such enrollees are not entitled to certain USMS travel and health benefits. Authorizes the Secretary: (1) to lend surplus shipping equipment to the Academy, colleges, or other approved merchant marine training schools for instructional purposes; (2) to utilize resources of other Federal agencies, with the consent of such agencies, for maritime-education purposes; and (3) to employ instructors for maritime-education courses without regard to specified provisions of Federal law concerning the classification of civil service positions and General Schedule pay rates. Repeals certain provisions of Federal law relating to marine education and training.

Bill· HRH.R. 5449 (96th)referred

A bill to provide for the reimbursement of State and local governments for providing certain protection with respect to certain foreign diplomatic missions located in the United States and with respect to certain foreign officials.

United States · United States Congress · 27 September 1979

Directs the Secretary of the Treasury to reimburse State and local governments upon submission of an application for reimbursement for providing special protection to foreign diplomatic missions, foreign officials, or foreign heads of state or government in specified circumstances.

Resolution· HRESH.Res. 430 (96th)passed

A resolution to provide for the further expenses of investigations and studies to be conducted by the Committee on Merchant Marine and Fisheries.

United States · United States Congress · 26 September 1979

Authorizes additional expenditures, not to exceed $184,278, for the further expenses of investigations and studies to be conducted by the House Committee on Merchant Marine and Fisheries. Prohibits any part of such funds from being available for expenditure in connection with the study or investigation of any subject which is being investigated for the same purposes by any other House committee.

Bill· HRH.R. 5362 (96th)referred

A bill to amend the Internal Revenue Code of 1954 to provide tax relief to residential users of refined petroleum products.

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.

Bill· HRH.R. 5347 (96th)referred

National Oceanic and Atmospheric Administration Organic Act

United States · United States Congress · 20 September 1979

National Oceanic and Atmospheric Administration Organic Act - Title I: Findings, Purposes, and Declaration of National Policy - Sets forth the policy, purposes and findings of this Act. Title II: Establishment of the National Oceanic and Atmospheric Administration - Establishes in the Department of Commerce the National Oceanic and Atmospheric Administration. Title III: Functions and Transfers - Sets forth the responsibilities of the Administrator of the National Oceanic and Atmospheric Administration with regard to the formulation and implementation of ocean and atmospheric programs. Transfers to the Administrator of the National Oceanic and Atmospheric Administration all the functions vested in or delegated to the Secretary of Commerce under specified Acts. Title IV: Coordination with States and other Federal Agencies - Requires the Administrator, before promulgating rules, regulations, or orders, or taking any other action having a significant impact on States or localities, to request and give consideration to the views of any affected State or local government and to attempt, where practicable to avoid conflicts. Requires the head of the Federal department or agency concerned, before promulgating any rule, regulation or order, or taking other action having a direct or significant effect on any activity or action of the Administrator or of States or localities, to promptly notify the Administrator of such action. Requires the Administrator to consult with the head of any Federal agency or department having authority to issue any contract, license, lease, or permit to engage in any activity authorized under any laws administered by the Administrator, in an effort to avoid duplicate and inconsistent requirements. Requires the Administrator or his designee, with the cooperation of the Secretary of State, to participate in all international meetings and conferences relating to the functions of the Administrator. Title V: Administrative Provisions - Provides for the employment and compensation of officers and employees of the Administration. Authorizes the Administrator to acquire, construct, improve, repair, operate, and maintain: (1) laboratories; (2) research and testing sites; (3) vessels; (4) facilities, quarters, and related accommodations for employees; and (5) such other real and personal property as the Administrator deems necessary. Allows the Administrator to provide by concession for the construction, maintenance, and operation of all manner of facilities and equipment for visitors to the installations of the Administration. Authorizes the Administrator to establish, alter, discontinue, or maintain such regional or other field offices as may be necessary. Provides for the transfer of equipment, services, personnel, and facilities of any department, agency, or instrumentality of the United States to the Administration. Allows the Administrator to acquire copyrights and patents if the property acquired thereby is for use by or for, or useful to, the Administration. Sets forth the responsibilities of the Administrator with regard to the formulation and implementation of ocean and atmospheric programs. Establishes a working capital fund for the purpose of carrying out the activities of the National Oceanic and Atmospheric Administration. Requires the Administrator to submit to the President, after the close of each fiscal year, a report concerning the ocean and atmospheric programs. Requires each recipient of a grant, loan, or any other form of financial assistance from the Administrator to keep such records as the Administrator shall prescribe. Title VI: Enforcement - Authorizes the Administrator to enter into agreements to utilize, with or without reimbursement, the personnel, services, and facilities of any State agency to the extent the Administrator considers such agreement appropriate for effective enforcement of any Federal or State law relating to lands, waters, or interests therein under his jurisdiction. Sets forth the powers of any person who is granted enforcement authority by the Administrator. Allows the Administrator to conduct or cause to be conducted such law enforcement investigations and research as he deems necessary to carry out the laws administered by him. Declares that whenever any fishing vessel, conveyance, or other evidentiary item is seized under the authority granted to the Administrator, such items shall be held by any persons so authorized by the Administrator pending disposition of civil or criminal proceedings. Subjects any weapons, vehicles, or other equipment, any fishing vessel or any other property or item of evidentiary value used in any manner in connection with the commission of any violation of any law administered by the Administrator to forfeiture to the United States. Grants the district courts of the United States exclusive original jurisdiction over any case or controversy arising under any law administered by the Administrator. Sets forth the penalties for any person who violates any provision of any such laws. Specifies conditions under which the Administrator may modify, suspend, or revoke any lease, license, permit, or contract issued or awarded under this Act. Title VII: Transitional, Savings, and Conforming Provisions - Sets forth the procedure for the transfer of personnel, positions, and funds to the Administration.

Bill· HRH.R. 5317 (96th)referred

A bill to amend section 402 of the Social Security Amendments of 1967 to provide for demonstration projects for provision of preventive health services to the elderly.

United States · United States Congress · 18 September 1979

Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health, Education, and Welfare to provide for demonstration projects for the provision of preventive health services to the elderly through traveling health care practitioners.

Bill· HRH.R. 5269 (96th)passed

Panama Canal Appropriations Authorization Act, Fiscal Year 1980

United States · United States Congress · 13 September 1979

Panama Canal Appropriations Authorization Act, Fiscal Year 1980 - Authorizes appropriations from the Panama Canal Commission Fund for the use of the Panama Canal Commission for maintaining and operating the Panama Canal. Authorizes appropriations to such Commission for improvements of facilities and capital liabilities of the Panama Canal Company and Canal Zone Government. Establishes ceilings on the appropriations for specified improvements. Prohibits appropriations to or for such Commission in excess of the revenues to be deposited in the Panama Canal Commission Fund during that fiscal year. Permits continuing contracts for programs as long as any such contract does not exceed in the aggregate the total amount for each specified program. Requires any spending authority to be provided in advance in appropriation Acts.

Bill· HRH.R. 5260 (96th)referred

A bill to amend title V of the Motor Vehicle Information and Cost Savings Act.

United States · United States Congress · 12 September 1979

Amends the Motor Vehicle Information and Cost Savings Act to specify when the failure of a manufacturer of motor vehicles to comply with any average fuel economy standard constitutes unlawful conduct. Sets forth the formula for deducting specified credits from the amount of any civil penalty assessed against a manufacturer.

Bill· HRH.R. 5243 (96th)referred

National Fishery Development Act

United States · United States Congress · 11 September 1979

National Fishery Development Act - Directs the Secretary of Agriculture to transfer moneys made available to encourage exportation and domestic consumption of agricultural products to the Secretary of Commerce in amounts equal to 30 percent of the gross receipts from duties collected under customs laws on fishery products. Declares that such funds shall be maintained in a separate fund and used by the Secretary of Commerce to: (1) carry out a national program of fisheries research and development which promotes the free flow of domestically produced fishery products in domestic and international commerce by conducting fishery educational, technological, biological, and related research programs; and (2) provide financial assistance for fisheries development projects. Allows any person, regional fishery development foundation, or organization involved with the commercial fishing industry to make application to the Secretary of Commerce for such funds. Requires the person or organization obtaining such funds to submit periodic project status reports to the Secretary. Requires the Secretary of Commerce to include as part of the annual report to the National Marine Fisheries Service an analysis and evaluation of all programs funded under this Act. Requires the Secretary of Commerce to transmit to specified House and Senate committees, 60 days in advance of each fiscal year, a list of projects and a budget for each project which is proposed under this Act. Requires that not less than 50 percent of the moneys in the fund shall be made available annually to fund the fisheries development projects, and that the remainder of such moneys be made available to implement the national fisheries research and development program. Declares that moneys not obligated shall remain in the fund without fiscal year limitation. Requires 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. Transfers any balance of funds remaining in the fisheries loan fund created by the Fish and Wildlife Act of 1956, as of September 30, 1980, to the Federal Ship Financing Fund established under the Merchant Marine Act of 1936. Requires the Secretary of Commerce to provide for the guarantee of obligations relating to fishing vessels engaged in developing fisheries which might not otherwise meet the normal economic soundness criteria established under the Merchant Marine Act of 1936.

Bill· HRH.R. 5214 (96th)referred

A bill to amend the Marine Protection, Research, and Sanctuaries Act of 1972 to authorize appropriations to carry out the provisions of such Act for fiscal year 1980, and for other purposes.

United States · United States Congress · 7 September 1979

Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to authorize appropriations for fiscal year 1980 to carry out the provisions of such Act with respect to: (1) the regulation of and research pertaining to ocean dumping; and (2) the acquisition, development, and operation of marine sanctuaries. Directs the Administrator of the Environmental Protection Agency to: (1) conduct research to determine means of ending the dumping into ocean waters of material unreasonably degrading the marine environment; and (2) promote the coordination of, and assist appropriate public and private entities in the conduct of, such research. Directs the Secretary of Commerce to issue necessary and reasonable regulations to implement the terms of the designation of marine sanctuaries and to provide that all permits, licenses, and other authorizations issued pursuant to any other authority shall be valid unless otherwise provided for by any marine sanctuary regulations. Directs the Secretary of Commerce and the Secretary of the Department in which the Coast Guard is operating to conduct such enforcement activities as are necessary and reasonable to carry out the designation of marine sanctuaries. Directs the Secretary of Commerce to transmit to the Congress a marine sanctuary designation at the time of its publication. Sets forth the form of concurrent resolution to be used by the Congress to disapprove all or part of a designation. Authorizes the issuance of limited permits for research involving the dumping of industrial waste into ocean waters if it is determined that: (1) the proposed dumping is necessary to conduct research; (2) the dumping will have minimal adverse impact; and (3) the potential benefits of such research will outweigh any such adverse impact. Requires a Federal agency which desires to dump material into the ocean from a location in certain foreign countries to obtain the concurrence of the Administrator of the Environmental Protection Agency before applying to that foreign country for an ocean dumping permit. Includes waters of Long Island Sound within the definition of "ocean waters" for purposes of such Act.

Resolution· HCONRESH.Con.Res. 180 (96th)referred

A concurrent resolution expressing the sense of the Congress that, in hosting the 1980 Olympic Games, the Soviet Government should adhere to the Helsinki Accords and the Olympic spirit of fair play and equality of opportunity.

United States · United States Congress · 2 August 1979

Expresses the sense of Congress that the Soviet Union should, with regard to the 1980 summer Olympics: (1) permit full participation by athletes, spectators, and journalists; (2) issue visas, admission tickets, and hotel reservations on a nondiscriminatory basis; (3) not interfere with news coverage; and (4) not prevent or punish its citizens for communicating with participants.

Bill· HRH.R. 5035 (96th)referred

Fisheries Advanced Technology Transfer Act of 1979

United States · United States Congress · 31 July 1979

Fisheries Advanced Technology Transfer Act of 1979 - Requires the Secretary of Commerce to conduct a study of the fish harvesting and processing techniques and technologies which are utilized in foreign nations and in the United States which can be used or adapted for use in harvesting or processing fish or fish products within the United States fisheries. Declares that such technologies and techniques may include, but are not limited to, those involving or related to fishing gear, processing equipment, vessels, harvesting methods, or processing methods. Requires the Secretary of Commerce to report the results of such study to the House Committee on Merchant Marine and Fisheries and the Senate Committee on Commerce, Science, and Transportation, within six months after the date of enactment of this Act. Permits organizations in the fishing industry and regional fishery development foundations to submit applications for funds to conduct projects which will enable such persons, foundations, and organizations to utilize the advanced technologies and techniques in commercial harvesting and processing of fish. Directs the Secretary, when considering such project applications, to take into account the extent to which: (1) a project addresses both the harvesting and processing of fish; (2) a project addresses problems common to more than one fishery, State, or region; (3) the project promotes the United States' efficient utilization of fishery resources within the United States fishery conservation zone; (4) the project minimizes costs and avoids unnecessary duplication; and (5) applicants are able to defray the cost of conducting a project by providing matching funds or in-kind contributions of equipment, labor, or services, including, but not limited to, boats, gear, and locations.

Bill· HRH.R. 5013 (96th)referred

A bill to provide for the entry of certain relatives of United States citizens and aliens lawfully admitted for permanent residence.

United States · United States Congress · 30 July 1979

Provides that an alien born in a Communist or Communist-dominated country who filed an immigrant petition before July 1, 1979, as a preference category immigrant based on family ties with a United States citizen or permanent resident (regardless of whether such citizen or resident is presently alive) shall be admitted without regard to certain numerical limitations on immigration.

Law· HRH.R. 4986 (96th)open

Depository Institutions Deregulation and Monetary Control Act of 1980

United States · United States Congress · 27 July 1979

Consumer Checking Account Equity Act of 1979 - Amends the Federal Reserve Act and the Federal Deposit Insurance Act to authorize member banks in the Federal Reserve System and federally insured nonmember banks to make automatic funds transfers from a savings deposit to a demand deposit pursuant to the written authorization of the depositor to make such transfers in connection with checks or drafts drawn upon the bank. Authorizes federally insured banks and savings and loan associations, State banks and savings and loan associations, savings banks, and mutual savings banks to offer interest-bearing deposits or accounts upon which the depositor may make withdrawals by negotiable instrument for the purpose of making transfers to third parties (NOW accounts). Stipulates that such deposits or accounts may only be held by individuals or nonprofit organizations. Amends the Home Owners' Loan Act of 1933 to permit Federal savings and loan associations and Federal mutual savings banks to establish remote service units pursuant to regulations of the Federal Home Loan Bank Board. Authorizes such associations to extend loans directly related to negotiable order of withdrawal accounts. Amends the Federal Home Loan Bank Act to require any institution which has subscribed for the stock of a Federal Home Loan Bank to maintain reserves against its negotiable order of withdrawal accounts pursuant to regulations prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System. Prescribes the required form of such balances. Amends the Federal Credit Union Act to permit insured credit unions to offer share draft deposits to individuals and nonprofit organizations in accordance with regulations prescribed by the National Credit Union Administration Board. Requires each Federal credit union to maintain reserves against such deposits in amounts and forms prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System.

Bill· HRH.R. 4962 (96th)open

Child Health Assurance Act of 1979

United States · United States Congress · 25 July 1979

Child Health Assurance Act of 1979 - Amends title XIX (Medicaid) of the Social Security Act to require the State plan for medical assistance required by such title to provide for making "medical assistance" available to: (1) any individual who is under the age of 18 or, at the option of the State, to any individual over the age of 17 and under 21; and (2) any woman for the period of her pregnancy and for 60 days following the termination of her pregnancy, and to any child born as the result of such pregnancy, if the resources and income of such individual or woman meet the resource and income tests of eligibility set forth in this Act. Stipulates that no enrollment fee or charge will be imposed for any such individual or woman. Includes as "medical assistance": (1) inpatient hospital services; (2) outpatient hospital services; (3) laboratory and x-ray services; (4) skilled nursing facility services; (5) child health assessment services and continuing care services; (6) immunizations clinic services, diagnosis and treatment of vision and hearing problems, (including hearing aids and eyeglasses, prescribed drugs and insulin, prosthetic devices, home health services, physical therapy), and rehabilitative services; (7) ambulatory mental health services delivered in centers funded under the Community Mental Health Centers Act; (8) emergency crisis intervention inpatient mental health services; (9) routine dental care; (10) family planning services and supplies to certain individuals; (11) prenatal and postnatal services; and (12) physicians' services. Directs the Secretary of Health, Education, and Welfare to establish a national child health assurance program (CHAP) income standard and a national maternal income standard for the purpose of establishing the eligibility of, and extent of medical assistance provided to, certain children and pregnant women. Sets the national child health assurance program income standard at two-thirds of the nonfarm income official poverty line and the national maternal income standard at 80 percent of the nonfarm income official poverty line. Requires a State Medicaid plan to assure the provision of outreach to pregnant women eligible for medical assistance. Defines "outreach" to mean the identification and location of pregnant women eligible for assistance and the informing of such women of the services available to them. Requires the provider of a child health assessment to: (1) provide timely and appropriate child health assessments to individuals under 21 who are eligible for Medicaid; (2) provide basic diagnostic and treatment services; (3) provide routine dental care; and (4) be reasonably accessible on a continuing basis to individuals whom it has assessed. Sets forth provisions concerning payments for CHAP services, including payments to health maintenance organizations for those who choose to have such services provided by such an organization. Directs the State agency to assure the compliance of providers with this Act. Requires a State Medicaid plan to develop, with substantial public input, a plan for the implementation of a CHAP which meets certain minimum levels of acceptable performance. Sets forth methods of determining Federal matching percentages and performance standards for the programs established under this Act. Directs the Secretary to report to Congress: (1) the level of performance of each State in implementing its CHAP; (2) the ratio of individuals under the age of 21 enrolled for Medicaid to the number of individuals under 21 whose income is below the nonfarm income official poverty line; and (3) the effectiveness of the performance standards established by this Act. Requires a State to submit a plan for outreach services to certain individuals eligible under the Medicaid program if the ratio of individuals under 21 enrolled in a State's Medicaid program to the number of individuals under 21 in families in that State whose income is below the nonfarm income official poverty line is significantly less than the national average. Requires a State, under part A (Aid to Families with Dependent Children) of title IV of the Act, to inform all families in the State receiving AFDC of the availability of child health assurance services available under title XIX. Prohibits a State's Medicaid plan from excluding aliens lawfully admitted for permanent residence. Directs the Secretary to conduct a study to determine the extent to which other Federal programs duplicate the health services provided under the Medicaid program to children and pregnant women. Directs the Secretary to study and, if necessary, conduct demonstration projects in order to evaluate (1) the participation of health care providers in the CHAP and (2) methods of improving their level of participation in such programs. Directs the Secretary to develop and carry out demonstration projects designed to determine the effect of payment on a capitation basis for services provided under a CHAP. Directs the Secretary to report to Congress on the studies and projects conducted pursuant to this paragraph. Directs the Secretary to study and report to Congress on the effectiveness of the CHAP. Stipulates that certain individuals under the age of 21 shall remain eligible for Medicaid while inmates in certain juvenile institutions.

Bill· HRH.R. 4945 (96th)referred

A bill to amend Sections 503, 504, 606(6), 804 and 905(a) of the Merchant Marine Act, 1936.

United States · United States Congress · 24 July 1979

Amends the Merchant Marine Act, 1936, to allow a dry bulk cargo vessel to be removed from documentation under the laws of the United States ten years (previously 25 years) after such documentation where such removal is coincident with the sale of such a vessel to a person who is not a citizen of the United States. Requires the owner of such a vessel to pay the United States any principal or interest due prior to such removal and requires the owner to place the net proceeds of such sale in its capital construction fund. Requires the owner of such a vessel to contract for the construction of a new dry bulk cargo replacement vessel within one year after such a sale if the vessel which was sold was constructed less than 25 years earlier. Stipulates that any purchaser of such a vessel shall enter into an agreement with the Secretary allowing the vessel to be used by the United States, for just compensation, in time of emergency. Allows dry bulk cargo vessels which are receiving an operating-differential subsidy to perform repairs outside of the United States or Puerto Rico. Removes the provision of law which prohibits individuals who are receiving an operating-differential subsidy or who are chartering vessels owned by the Department of Commerce from operating or acting as an agent for any foreign-flag dry bulk cargo vessel which competes with American carriers. Directs the Secretary of Commerce to promulgate regulations to insure that the removal of such prohibition will not result in unfair competition with operators of exclusively United States-flag vessels and that no diversion of any subsidy will occur with respect to foreign-flag operations.

Bill· HRH.R. 4888 (96th)referred

A bill to amend the Federal Aid Wildlife Restoration Act.

United States · United States Congress · 20 July 1979

Amends the Federal Aid Wildlife Restoration Act to change the basis for determining the national population for apportionments to the States.

Bill· HRH.R. 4886 (96th)referred

A bill to amend the Merchant Marine Act, 1936, to provide that certain inactive American flag passenger vessels may operate in both the domestic and/or foreign commerce of the United States and between foreign ports.

United States · United States Congress · 20 July 1979

Amends the Merchant Marine Act of 1936 to permit inactive U.S. passenger vessels, subject to the approval of the Secretary of Commerce, to remain under the American flag and operate: (1) in the domestic and foreign commerce of the United States; and (2) between foreign ports.

Resolution· HRESH.Res. 371 (96th)referred

A bill concerning mutual defense treaties.

United States · United States Congress · 17 July 1979

Expresses the sense of the House of Representatives that congressional approval is required to terminate any mutual defense treaty.

Bill· HRH.R. 4805 (96th)referred

Research Modernization Act

United States · United States Congress · 16 July 1979

Research Modernization Act - Directs the Secretary of Health, Education, and Welfare to establish within the National Institutes of Health a National Center for Alternative Research to develop and coordinate alternative methods of research and testing which do not involve the use of live animals. Directs that the Center will be managed by a Director who shall be appointed by the Secretary of Health, Education, and Welfare and that the head of any Federal agency which conducts or sponsors research or testing involving the use of live animals shall appoint one employee to serve as a member of the Center. Requires the Center to submit annual plans to the Secretary which shall include: (1) the identification and development of alternative methods of research and testing which do not involve the use of live animals; (2) directives to agencies which conduct or sponsor such research or testing; (3) an evaluation of the activities of the Center; and (4) an evaluation of the extent to which the goals of the plan have been achieved. Requires the Secretary to submit a report annually to Congress summarizing the plan. Requires the Secretary to make and publish in the Federal Register descriptions of alternative methods of testing which meet the regulatory scientific needs of the agencies and which have been reported in summary or plan. Prohibits the use of Federal funds to sponsor research or testing involving the use of live animals if alternative methods have been published in the Federal Register or if such work duplicates work performed by another agency. Requires each agency conducting research involving the use of live animals to: (1) implement a program to develop and utilize alternative methods of research and testing that would reduce or eliminate reliance on the use of live animals; (2) implement a program to develop and utilize methods which minimize or eliminate the pain, suffering, and fear of animals used in such research and testing; and (3) make grants and enter into contracts with educational institutions to establish courses for the training of scientists in methods of research and testing which do not involve the use of live animals.

Bill· HRH.R. 4814 (96th)referred

A bill to direct the Secretary of the Department in which the United States Coast Guard is operating to cause the vessel Independence to be documented as a vessel of the United States so as to be entitled to engage in the coastwise trade.

United States · United States Congress · 16 July 1979

Directs the Secretary of the department in which the Coast Guard is operating to cause a named vessel to be documented as a vessel of the United States so as to be entitled to engage in the coastwise trade.

Bill· HRH.R. 4789 (96th)referred

A bill to stimulate research and development aimed at the production of gasohol as an alternative energy source by establishing national demonstration facilities for the conversion of garbage and other solid wastes into fuels, to be constructed by the Secretary of Energy under the Federal Nonnuclear Energy Research and Development Act of 1974.

United States · United States Congress · 13 July 1979

Directs the Secretary of Energy to construct and operate national demonstration facilities for the conversion of garbage and other solid waste materials into fuels. Sets forth requirements for the siting and operating of such facilities, and specifies that one such facility shall be located in New Jersey.

Bill· HRH.R. 4791 (96th)referred

A bill to amend the Department of Energy Organization Act to encourage the domestic development and production of synthetic fuels.

United States · United States Congress · 13 July 1979

Amends the Department of Energy Organization Act to declare national goals for the domestic production of synthetic fuels and synthetic chemical feedstocks. Directs the Secretary of Energy to acquire for use or resale by the United States Government not less than 1,000,000 barrels per day crude oil equivalent of synthetic fuels and synthetic chemical feedstocks within a specified period. Authorizes the Secretary to contract for purchases of such fuels and feedstocks and to provide for the development and production thereof for national defense preparedness. Sets forth terms and conditions for such contracts. Directs the Secretary to install additional equipment and facilities in federally-owned industrial facilities and to organize corporations for the purposes of achieving the goals set forth under this Act. Directs the Secretary to require suppliers to provide such fuels and feedstocks and to install Government-owned equipment in privately-owned industrial facilities when the President deems it necessary for national defense purposes. Establishes in the United States Treasury a synthetic fuel fund for the purpose of carrying out the programs authorized by this Act. Directs each Federal officer and agency responsible for issuing permits or other authorizations for construction or operation of synthetic fuel and synthetic chemical feedstock facilities to expedite actions necessary for such issuance or authorization, upon receipt of a timely application from prospective applicants. Directs Federal agencies involved in the approval of such projects to submit to the Secretary: (1) a compilation of all significant actions required by such agency before rendering a decision on such projects; (2) a compilation of all actions required of the applicant; (3) a tentative schedule for completing agency and applicant actions; and (4) all necessary application forms required for such approval. Directs the Secretary to publish a Facility Decision Schedule setting deadlines for all such actions. Authorizes the President to act in lieu of any Federal agency failing to meet its deadline. Authorizes the Secretary to establish deadlines for Federal agency action which are shorter than the minimum period required under existing legislation in cases of exceptional national need. Requires the Secretary to certify the proper completion of all Federal agency actions and approvals necessary to the completion of such projects. Directs the Secretary to notify the Governor of any State selected for the siting of such projects and to request the Governor to supply information as to significant State and local actions required before such projects can be completed. Authorizes the Secretary to propose a voluntary decision schedule to assist State and local authorities in coordinating their actions with Federal actions. Directs the Secretary to recommend to a State Governor and to the Congress actions to alleviate or prevent any delays in a project schedule created or threatened by any State or local government. Limits judicial review of Federal agency actions made under this Act to claims alleging that an action taken pursuant to this Act will deny constitutional or statutory rights or exceed statutory jurisdiction, authority, or limitations. Sets time limits for filing appeals or petitions for review of actions taken pursuant to this Act, and bars any challenges to such actions which are not in conformance with these actions. Stipulates that such challenges shall be brought in the United States courts of appeals for the circuit where the project would be located, and grants exclusive original jurisdiction to such courts in such matters. Directs such courts to give precedence to such matters over all other matters on the docket. Authorizes the Supreme Court to review interlocutory judgments or orders of the court of appeals pursuant to this Act and directs the Supreme Court to give precedence to such matters to the greatest extent practicable. Amends the Government Corporation Control Act to include corporations formed pursuant to this Act within the definition of 'wholly owned Government corporation.'

Bill· HRH.R. 4769 (96th)referred

Omnibus Maritime Regulatory Reform, Revitalization, and Reorganization Act of 1979

United States · United States Congress · 12 July 1979

Omnibus Maritime Regulatory Reform, Revitalization, and Reorganization Act of 1979 - Title I: Findings and Purposes - Declares that the purposes of this Act are to: (1) promote the foreign commerce of the United States; (2) develop and maintain an efficient and competitive ocean transportation system capable of carrying a fair share of America's imports and exports; (3) provide for the national security; and (4) ensure a unified and consistent national maritime policy. Title II: Regulation of International Ocean Shipping - Exempts from the antitrust laws certain loyalty contracts between ocean common carriers or conferences of carriers as well as specified agreements regarding rates, divisions of revenue, and the regulation of freight or passenger traffic to be carried. Exempts rate agreements made by such carriers and other common carriers from such laws. Sets forth requirements pertaining to loyalty contracts utilized by ocean carriers or conferences of carriers with shippers or consignees. Authorizes the Federal Maritime Commission to establish guidelines to determine whether the provisions of such a contract are in conformity with such requirements. Authorizes shippers' councils to negotiate with any ocean common carrier or conference regarding rates, practices, and terms and conditions of service and to exchange information with such carriers or conferences concerning traffic and transportation data. Requires that agreements and any amendments thereto made among ocean carriers or conferences or with shippers' councils be filed with the Commission. Requires such conferences or councils to file a code of conduct with the Commission to which its members must adhere as a condition for entering into any such agreement. Authorizes the Commission to dispense with such filing requirements where it determines that such an action is not required. Sets forth rules governing the activities of ocean carrier conferences, including: (1) reasonable notice to the appropriate shippers' council of any proposed rate changes; (2) a right of independent action by a conference serving different trades that would otherwise be naturally competitive or by carriers not subject to this title to establish their portion of rates or conditions of service performed exclusively by them under an intermodal agreement; (3) the establishment of an adequate self-policing machinery; (4) the establishment of a consultation process between shippers and conferences; (5) the power of the Commission to review the minutes of conference meetings, audit conference accounts, and have access to conference documents and officials; (6) the establishment of procedures for the commercial arbitration of disputes between conferences and shippers or shippers' councils involving rates or surcharges; (7) the provision of reasonable and equal terms regarding the admission to conference membership of any national shipping line serving the foreign commerce of its country; and (8) permission for any member to withdraw from conference membership upon reasonable notice without penalty. Requires shippers' councils to: (1) allow the Commission to review the minutes of all council meetings; (2) establish procedures for the commercial arbitration of disputes between conferences and councils regarding rates or surcharges; and (3) establish a consultation process between shippers and conferences. Stipulates that agreements between conferences and shippers' councils shall become effective within 30 days after filing with the Commission. Authorizes the Commission to suspend such effective date at its discretion for a period of up to 180 days. Sets forth the conditions under which the Commission may disapprove, cancel, or modify any such agreement. Sets forth requirements relating to the filing and public accessibility of ocean carrier and conference tariffs. Stipulates that no new rates or increases in existing rates may become effective earlier than 30 days after filing with the Commission unless the Commission allows otherwise. Stipulates that a rate change which decreases a shipper's existing rate may become effective upon such filing. Authorizes the Commission to permit an ocean carrier or conference to refund a portion of freight charges collected from a shipper to correct an error in the rate charged. Establishes procedures to be followed before such a refund may be made. Directs the Commission to prescribe a system of uniform commodity descriptions and classifications to be used when filing rates. Prohibits any ocean common carrier that is controlled by a government under whose registry such carrier operates from maintaining rates that are below a level which is just and reasonable. Places the burden of proving that such tariff is just and reasonable on the controlled carrier involved. Sets forth factors which the Commission is to consider in determining whether the rates of such a controlled carrier are just and reasonable, including whether: (1) the rates are below a level which is fully compensatory to the controlled carrier; (2) the rates are the same as or similar to those charged by other carriers in the same trade; (3) the rates are required to assure movement of a particular cargo in the trade; or (4) the rates are required to maintain acceptable service to or from affected ports. Requires a controlled carrier, upon the request of the Commission, to file a statement of justification of its existing rates or proposed rates. Authorizes the Commission to suspend a controlled carrier's rate pending a determination of its lawfulness. Requires the Commission to transmit to the President any order of suspension or final order of disapproval of a controlled carrier's rates. Grants the President the authority to require the Commission to stay such order for national defense or foreign policy reasons. Sets forth exemptions with respect to the controlled carrier regulations contained in this Act. Prohibits any individual from engaging in ocean freight forwarding unless the individual has furnished a bond approved by the Commission of no less than $50,000 or no greater than $100,000. Prohibits specified acts by ocean common carriers including rebates, rate discrimination, and retaliation against shippers. Sets forth the powers of the Commission and procedures to be followed with respect to adjudicatory proceedings under this title. Sets forth penalties for violations of this title. Authorizes the Commission to compromise or remit any such penalty. Repeals the provisions of the Shipping Act, 1916, which are in conflict with this title. Title III: Amendments to the Merchant Marine Act, 1936 - Amends the Merchant Marine Act, 1936, to declare that the policy of the United States shall be to have an efficient and competitive merchant marine capable of carrying its domestic commerce and a fair share of its foreign commerce and to have an efficient and competitive shipbuilding capacity that is sufficient to satisfy the needs of national security. Directs the Secretary of Commerce in order to achieve such purpose to negotiate commercial agreements with foreign nations to ensure that, within five years, United States flag vessels carry at least 40 percent of the foreign commerce of the United States. Directs the Secretary to reduce the operating differential subsidy payments as the carriage of foreign trade in United States-flag vessels is increased and to determine jointly with the Secretary of Defense the number and location of shipyards necessary for national security and to ensure that such shipyard capacity is maintained. Revises the construction-differential subsidy program under such Act to make vessels which are to be used in international trade (previously only foreign trade) eligible for such subsidies. Directs the Secretary in approving such a subsidy to give preference to vessels which meet specified efficiency standards. Directs the Secretary of the Navy to establish standards relating to the equipment and specifications for vessels so that they will be suitable for use by the United States for national defense or military purposes. Prohibits the granting of any construction-differential subsidy unless the vessel involved meets such standards and unless the vessel will be offered for enrollment in the Sealift Readiness Program. Prohibits the payment of such a subsidy to a shipyard unless the Secretary of Commerce certifies that the rules and practices of such shipyard do not inhibit the efficient utilization of its resources. Repeals the termination date for the construction- differential subsidy program. Reduces such subsidy unless the vessel involved is part of an existing or future vessel series and unless it meets the efficiency standards established by the Secretary pursuant to this Act. Removes the requirement that vessels receiving such a subsidy be documented under the laws of the United States. Removes the competitive bidding requirement for the construction of vessels receiving such a subsidy at United States' shipyards. Sets forth requirements as to which materials used in constructing subsidized vessels may be of foreign origin or must be of United States origin. Allows the Secretary to approve the sale of any subsidized vessel to an individual who will use the vessel in the domestic trade. Requires the new owner of such a vessel to repay annually part of the subsidy which the vessel received. Removes the prohibition which forbids buyers of Department of Commerce vessels to utilize such vessels in foreign trade in competition with other United States-flag vessels. Removes the ban on the commercial use of vessels obtained by the Secretary of Commerce which are 25 years or older. Directs the Secretary to establish efficiency standards in the construction of vessels in shipyards of the United States. Directs the Secretary to prescribe reasonable procedures whereby shipyards are encouraged to discover and notify the Secretary of possible wasteful or unnecessary practices and features required by the vessel plans and specifications that have been approved by the Secretary or by the efficiency standards promulgated under this Act. Entitles the shipyard and the carrier concerned which are allowed to eliminate such a wasteful practice to a portion of the cost savings realized by such elimination. Authorizes the Secretary to make direct payments to shipyards for the purpose of making capital improvements to promote series construction and to improve shipyard efficiency. Entitles vessels engaged in international trade (previously only foreign trade) to an operating-differential subsidy. Prohibits the Secretary from approving any such subsidy unless the foreign operation of the vessel is required to meet foreign-flag competition and unless the vessel is offered for enrollment in the Sealift Readiness Program. Removes the requirement that a vessel be performing essential service to receive such a subsidy. Authorizes the Secretary to provide a special subsidy if, after notice and hearing, it is determined that there is inadequate United States-flag vessel service on a particular route and that the United States foreign commerce or national security is prejudiced by such inadequate service. Stipulates that no operating-differential subsidy shall be paid for the operation of any vessel while it is exclusively engaged in the domestic trade. Entitles owners or lessees of vessels engaged in international trade (previously only foreign and domestic trade) to enter into an agreement with the Secretary to establish a capital construction fund and to use the proceeds from such fund to construct such vessels. Revises the conditions under which a vessel may be eligible for an operating-differential subsidy. Directs the Secretary to undertake a study to determine the costs and benefits of terminating or reducing the operating- differential subsidy program and to submit the results of such study to the President and the Congress within four years. Directs the Secretary to insure that any contractor receiving an operating-differential subsidy and who also owns foreign-flag vessels uses such funds only to support United States-flag vessels. Repeals the termination date for the provision of war-risk insurance by the Secretary to American vessels. Title IV: Amendments to the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to limit the scope of the exclusion from gross income of nonresident aliens and foreign corporations for earnings derived from the operation of ships not under United States registry. Stipulates that, for the purposes of determining sources of income where the income is attributable to sources both within and outside the United States, one-half of the taxable income derived from United States shipping shall be treated as income attributable to sources within the United States. Defines "United States shipping" as: (1) the shipping of any cargo between the United States and the last foreign port at which such cargo is unloaded; and (2) the shipping of any cargo between the foreign port at which such cargo is first loaded for shipment and the United States. Establishes an alternative tax on the shipping income of a nonresident alien or foreign corporation which the individual or corporation may choose to elect. Stipulates that any nonresident alien individual or foreign corporation which ships cargo into or out of the United States shall collect any tax imposed on gross income derived from United States shipping of such cargo by any other nonresident alien or foreign corporation and shall pay such amount to the Secretary of the Treasury at such time and in such manner as the Secretary may prescribe. Authorizes the Secretary to require a nonresident alien or foreign corporation which has gross income derived from United States shipping to give a bond to insure the payment of any taxes with respect to such income. Repeals the exclusion from foreign based company income for income which is reinvested in shipping operations. Increases the investment tax credit for qualified withdrawals from capital construction funds established under the Merchant Marine Act, 1936. Allows a taxpayer to elect to treat qualified vessel and qualified shipyard expenditures which are paid or incurred during a taxable year as expenses which are not chargeable to capital account. Treats such expenditures as deductions. Title V: Reorganization of Maritime Policymaking Functions - Directs the President to submit a reorganization plan to Congress by March 31, 1980, which shall establish within the Office of the Special Representative for Trade Negotiations a Deputy Special Representative for Maritime Affairs who shall be delegated the President's authority to conduct international relations with respect to United States maritime affairs. Transfers to such Deputy Representative specified powers and functions of the Federal Maritime Commission and grants the Deputy Representative the power to review specified decisions of the Commission. Transfers to such Deputy Representative specified functions of the Maritime Administration of the Department of Commerce and such additional powers and duties as the President deems necessary to carry out the purposes of this Act.

Resolution· HCONRESH.Con.Res. 158 (96th)referred

A concurrent resolution relative to issuing a commemorative stamp in honor of Philip Mazzei, and for other purposes.

United States · United States Congress · 10 July 1979

Declares it the sense of Congress that the Postmaster General and the Citizens Stamp Advisory Committee should give favorable consideration to the issuance of a commemorative postage stamp in honor of Americans of Italian descent and the 250th anniversary of the birth of Philip Mazzei on December 25, 1980, or as soon as possible thereafter. States that the Postmaster General and the Committee should honor other foreign-born contributors to the revolutionary cause, from countries which have not yet been commemorated, prior to the conclusion of the American Bicentennial celebration in 1983.

Bill· HRH.R. 4660 (96th)open

Smaller Enterprise Regulatory Improvement Act

United States · United States Congress · 28 June 1979

Smaller Enterprise Regulatory Improvement Act - Amends the Small Business Act to require each Federal agency to publish semiannually an agenda of those rules which may be proposed during the upcoming six-month period affecting a substantial number of small business concerns and small organizations. Defines "small organizations" to include unincorporated businesses, sheltered workshops, nonprofit enterprises which are not dominant in their fields and such other groups and enterprises as each Federal agency shall establish by rule. Requires each published agenda to be transmitted to the Office of Advocacy of the Small Business Administration for comments. Directs each Federal agency to endeavor to provide notice of each agenda to affected small enterprises by means other than publication in the Federal Register. Directs each Federal agency to publish a written analysis prior to the issuance of any rule affecting a substantial number of small business concerns and organizations which considers: (1) the effect of such rule on small enterprises and competition; (2) whether an exemption could be provided such small enterprises; (3) whether lesser compliance standards could be adopted for small enterprises; and (4) the expected nature of reporting and recordkeeping requirements necessitated by such rule. Requires each Federal agency to issue a rule containing an exemption or differing compliance standards for such small business concerns and organizations if it is lawful, desirable, and feasible to do so. States that such small enterprises shall be given an opportunity to participate in agency rulemaking. Requires each agency to review its existing rules and prepare an analysis for purposes of eliminating those rules which are most burdensome to small businesses and organizations. Permits any agency to perform the analyses required by this Act in conjunction with any other analysis required by law. Declares that such other analysis shall not in itself satisfy the requirements of this Act.

Bill· HRH.R. 4685 (96th)referred

Elephant Protection Act of 1979

United States · United States Congress · 28 June 1979

Elephant Protection Act of 1979 - Prohibits the importation into or exportation from the United States of African elephants or elephant products. Prohibits the acquisition, transportation, or sale in interstate commerce of such products imported in violation of this Act. Authorizes the Secretary of the Interior to grant permits for the importation or exportation of elephants and elephant products if: (1) the Secretary finds the wildlife management authorities of the nation in which such products originate are developing an elephant conservation program according to specified criteria; (2) the products can be traced as coming from a particular nation; or (3) such products are for zoological, educational, or scientific purposes or to enhance elephant propagation. Prescribes conditions for the granting of such permits. Requires the Secretary to report to Congress concerning the granting of such permits. Sets forth civil and criminal penalties for violations of this Act. Authorizes the payment of rewards to persons furnishing information concerning violations of this Act. Grants specified search and seizure powers for enforcement furnishing information concerning violations of this Act. Grants specified search and seizure powers for enforcement of this Act by authorized persons. Provides for the forfeiture of elephants, elephant products, or vehicles aiding in the acquisition or transportation of such products contrary to the provisions of this Act. Supersedes the Endangered Species Act, the Tariff Act, and State laws regarding elephant and elephant products.

Bill· HRH.R. 4684 (96th)referred

A bill to amend section 105 of title 11, United States Code.

United States · United States Congress · 28 June 1979

Amends title 11 of the United States Code (Bankruptcy) to declare that the bankruptcy courts do not have power to affect any rights of the United States as a creditor under a preferred ship mortgage as defined in the Ship Mortgage Act, 1920.

Bill· HRH.R. 4646 (96th)referred

Capital Cost Recovery Act of 1979

United States · United States Congress · 27 June 1979

Capital Cost Recovery Act of 1979 - Amends the Internal Revenue Code to revise the method for determining useful lives of business assets for purposes of computing allowable depreciation deductions. Replaces the asset depreciation range (ADR) method with a schedule of capital cost recovery periods for three classes of business property. Establishes capital cost recovery periods for the following classes of business property: (1) buildings and their structural components, ten years; (2) tangible property, five years; and (3) automobiles, taxis, and light-duty trucks (up to $100,000), three years. Allows a ten percent investment tax credit for buildings and tangible property, and a six percent credit for automobiles, taxis, and light duty trucks. Requires the recapture of depreciation amounts and investment tax credit amounts applicable to assets which are sold or otherwise disposed of prior to the expiration of the capital cost recovery period. Permits taxpayer to deduct less than the full allowance for capital cost recovery in any taxable year. Permits a carryover to succeeding taxable years of any unused depreciation amounts. Disqualifies capital cost recovery property from the allowance for first year depreciation. Treats amounts claimed as the capital cost recovery of noncorporate lessors as an item of tax preference for purposes of the minimum tax. Adopts as an accounting practice the "half year convention" under which investments eligible for capital cost recovery treatment or the investment tax credit which are made at any time during the taxable year are deemed to be made in the middle of such year.

Bill· HRH.R. 4598 (96th)referred

Elderly Homeowner's Relief Act

United States · United States Congress · 25 June 1979

Elderly Homeowner's Relief Act - Amends the Home Owner's Loan Act of 1933 to permit Federal savings and loan associations to offer reverse annuity mortgages on the security of first liens upon residential real property in accordance with regulations promulgated by the Federal Home Loan Bank Board. Requires the regulations issued by the Board to include provisions which: (1) entitle applicants to withdraw without penalty from the mortgage agreement within 17 days of its consummation; (2) assure notice to consumers of all contingencies under the terms of the mortgage in the event of default; (3) provide all applicants an opportunity for refinancing at the end of the mortgage term; (4) allow prepayment at any one time without penalty; (5) require all associations to purchase annuities from an insurance company licensed by the State of their incorporation; (6) prohibit any variable interest rate on the mortgage loan; and (7) require applicants to receive a written notice of the terms of the mortgage loan containing specified provisions.

Bill· HRH.R. 4566 (96th)referred

Oil, Hazardous Substances, and Hazardous Waste Response, Liability, and Compensation Act of 1979

United States · United States Congress · 21 June 1979

Oil, Hazardous Substances, and Hazardous Waste Response, Liability, and Compensation Act of 1979 - Amends the Solid Waste Disposal Act to grant subpoena power to the Administrator of the Environmental Protection Agency and the Attorney General for purposes of administering or enforcing the hazardous waste management provisions of such Act. Amends the Federal Water Pollution Control Act to add a new title VI, Oil, Hazardous Substances, and Hazardous Response, Liability, Compensation, and Fund. Directs the Administrator to revise and promulgate regulations which designate certain substances as hazardous. Directs the Administrator to determine the quantities of oil and any hazardous substance which would be harmful to the public health or safety, or the environment if released. Prohibits the release of such substances in such quantities except: (1) where permitted under the International Convention for the Prevention of Pollution of the Sea by Oil or other international agreements; or (2) where permitted by regulation. Requires any person in charge of a vessel or facility who has knowledge of any release of oil or hazardous substance from such vessel or facility to notify the United States Government immediately. Establishes criminal penalties for failure to provide notice of a release of such substances. Requires any person who may be subject to liability for an uncontrolled hazardous waste disposal site to notify the Administrator of the location and risk of release of hazardous substances from such site within a specified time period. Eliminates the limitation of liability otherwise provided in this title for persons who fail to provide such notice. Empowers the Administrator, in the event of a release, to deduct reasonable costs from the liability of any person who acts to remove, mitigate, or lessen the likelihood of a release. Prohibits the destruction or concealment by anyone subject to the notification provisions of this section of any records relating to an uncontrolled hazardous waste disposal site. Subjects owners or operators of onshore or offshore facilities and vessels to civil penalties in the event of any release of hazardous substances from such facility or vessel. Sets forth procedures and considerations involved in the imposition of such penalties, including the good faith effort of the owner or operator in preventing the release and in mitigating its effects. Stipulates that any costs of removal incurred in connection with such a release shall be recoverable from the owner or operator of the source of the release, and deposited in the Oil and Hazardous Substances Liability Fund. Authorizes the Executive (defined as the head of any Federal agency or department delegated or assigned duties by the President pursuant to this Act) to remove or arrange for the removal of any substances released which may present an imminent and substantial danger to the public health or welfare unless it is determined that the removal will be properly done by the owner or operator of the source of the release. Directs the Administrator to terminate such removal action if it is determined that the source of the release is an uncontrolled hazardous waste disposal site. Authorizes the Administrator to supply emergency assistance and containment whenever any hazardous substance is or appears about to be released, provided the State in which the site is located first provides for or assures: (1) the maintenance of containment and containment costs within one year of containment, continuing for the life of the containment or 19 years, whichever is less; and (2) the availability of an acceptable hazardous waste disposal facility for any necessary offsite storage, destruction, treatment, or redisposal of the hazardous substances. Limits Federal emergency assistance for containment when: (1) costs are projects at over $200,000 unless the Administrator determines that it is the least costly method; and (2) the uncontrolled hazardous waste disposal site is owned by a State or a political subdivision of a State. Sets forth the percentage of costs of containment the Administrator must pay under specified circumstances and the matching funds the State or political subdivision must provide. States that the State or political subdivision must bear the cost of any remedial measures it chooses to take instead of the least cost containment, as determined by the Administrator. Authorizes the Administrator to reimburse the State for containment costs up to the amount of the Federal share in lieu of providing for or arranging containment himself. Authorizes the Administrator to provide for complete or partial waste transport, storage, destruction, or treatment and redisposal if he determines that such actions are the least costly means of containment. Authorizes the Administrator to conduct activities for two or more uncontrolled hazardous waste sites at a centralized location, unless the costs are prohibitive. Empowers the Administrator to enforce the terms of a containment contract in any court or to recover from the State or political subdivision the costs of maintaining such containment and the State and local matching shares of the costs of containment at that site. Authorizes the Administrator to provide technical and legal assistance in connection with the administration or enforcement of any contract concerning emergency assistance or containment where a State or political subdivision is acting on behalf of the Administrator. Directs the Executive to revise and republish the National Contingency Plan for the removal of oil and hazardous substances to reflect changes made by this title. Directs the Executive to hold public hearings on the National Uncontrolled Hazardous Waste Disposal Site Response Plan, such plan to include: (1) methods of discovering and investigating such sites; (2) methods for valuating and containing releases and threats of releases from such sites which pose substantial danger to public health or the environment; (3) methods and criteria for determining the appropriate extent of emergency assistance, containment, and other measures authorized by this title; (4) appropriate roles and responsibilities for Federal, State, and local governments in effectuating the Plan; (5) provision for identification, procurement, maintenance, and storage of response equipment and supplies; and (6) a method for and assignment of responsibility for reporting the existence of uncontrolled hazardous waste disposal sites which may be located on federally-owned or controlled properties and any releases of hazardous substances from such sites. Makes the revised National Contingency Plan the standard for the removal of oil and hazardous substances and for minimizing the damage from such substances. Authorizes the Executive to issue regulations, consistent with the Plan, Maritime safety, marine and navigation laws: (1) establishing methods and procedures for removal of released oil and hazardous substances; (2) establishing criteria for the development and implementation of local and regional oil and hazardous substance removal contingency plans; (3) establishing procedures, methods, and equipment to prevent release of oil and hazardous substances from vessels or facilities, and to contain such releases; and (4) governing the inspection of vessels carrying cargoes of oil or hazardous substances to reduce the likelihood of release. Establishes civil penalties for the violation of such regulations, with specified exemptions. Sets forth procedures and criteria for determining the amount of such penalties. Authorizes the United States, in the event of a marine disaster creating a substantial threat of pollution and endangering the public health or welfare to: (1) coordinate and direct all public and private efforts directed at the removal or elimination of such threat; and (2) summarily remove, and if necessary, destroy such vessel. Provides compensation for expenses thus incurred. Authorizes the Attorney General, at the request of the Executive, to seek relief in U.S. district court whenever the Executive determines there may be an actual or threatened release of oil or a hazardous substance from a facility or an uncontrolled hazardous waste disposal site. Makes the owner and operator of a private vessel or of a facility which is the source or threatened source of pollution jointly and severally liable for all damages resulting from the pollution or the threat of pollution. Sets forth monetary limitations on such persons' liability except when the pollution or threat thereof is caused in whole or in part by: (1) willful misconduct or gross negligence within the privity or knowledge of such owner or operator; or (2) violation of applicable regulations of the Federal Government and health and safety standards. Excepts owners or operators who fail to furnish the notice of a hazardous substance release as required by this Act or who fail or refuse to provide reasonable cooperation and assistance as requested in furtherance of cleanup and removal from such limitations. Makes the owner or operator of an uncontrolled hazardous waste disposal site, or any other person who caused or contributed to the release of a hazardous substance from such site jointly and severally liable for all costs of emergency assistance and containment, with specified exceptions. Requires all owners and operators of vessels carrying oil or hazardous substances and owners and operators of facilities used for oil transportation, production, processing or storage to furnish evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Imposes civil penalties on such owners and operators for failure to comply with such requirements. Directs the Executive to conduct a study to determine the availability of private insurance protection for such vessel and facility owners and operators at competitive rates. Establishes in the Treasury of the United States an Oil and Hazardous Substances Liability Fund for the purpose of paying for removal and containment of hazardous substances, emergency assistance, compensation of claims, and administrative and personnel costs of the Federal Government incident to the administration of this title. Enumerates the sources of the moneys to be deposited in such Fund, including fees on owners of facilities receiving oil, and on suppliers of petrochemical feedstocks, and specified inorganic elements and compounds. Authorizes the appropriation to such Fund of up to $50,000,000 in fiscal year 1981, $75,000,000 in fiscal year 1982, and $100,000,000 for each of fiscal years 1983 and 1984. Directs the Secretary of the Treasury, in consultation with the Secretary of Transportation, to invest up to $50,000,000 of the Fund in public debt securities. Lists the types of injuries which may be compensated under this Act and the potential claimants who have standing to assert claims involving such damages. Directs the Administrator to establish a priority system for responding to releases or threats of release from uncontrolled hazardous waste disposal sites. Specifies procedures whereby the Executive shall designate and advertise pollution sources. Sets forth procedures for the disposition and appeal of claims submitted to the fund. Stipulates that final orders of the Executive on claims shall not be subject to judicial review. Authorizes the Fund to intervene in any claims action as a cause of right. Subrogates any person or government entity, including the Fund, which pays compensation for damages to all rights, claims, and causes of action of a claimant. Specifies procedures for and the measure of recovery in actions brought by the Fund against owners or guarantors of alleged pollution sources. Grants jurisdiction to the United States district courts over all controversies arising under this Act. Authorizes judicial review of any regulation issued under this Act only in the United States Circuit Court of Appeals for the District of Columbia. Excludes from such jurisdictional provisions controversies or other matters involving the assessment or collection of fees or regulations issued under the Internal Revenue Code of 1954. Declares that the rights and remedies under this Act shall be exclusive with respect to economic loss resulting from oil or hazardous substance pollution, except that States shall not be precluded from establishing liability funds or liability limits, setting financial responsibility requirements, or imposing any taxes or fees for losses or costs not compensated by this Act. Authorizes the President to delegate and assign duties or powers imposed upon him by the Executive and to promulgate necessary regulations. Sets forth reporting requirements and effective dates, and makes conforming amendments to the Trans-Alaska Pipeline Authorization Act, the Intervention on the High Seas Act, the Federal Water Pollution Control Act, and the Outer Continental Shelf Lands Act.