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Official portrait of Rep. Preyer, Richardson [D-NC-6]

Rep. Preyer, Richardson [D-NC-6]

United States · Official source

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763 records where Rep. Preyer, Richardson [D-NC-6] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HRH.R. 6719 (96th)referred

A bill to amend title 23, United States Code, to establish uniform standards for maximum weights and lengths of vehicles using the National System of Interstate and Defense Highways, and for other purposes.

United States · United States Congress · 5 March 1980

Reduces the Federal-aid highway apportionment for any State which establishes a maximum gross weight of less than 80,000 pounds or a maximum overall length of less than 60 feet for vehicles using the Interstate Highway System within such State.

Bill· HRH.R. 6695 (96th)referred

National Educational Opportunities Act of 1980

United States · United States Congress · 4 March 1980

National Educational Opportunities Act of 1980 - States the purpose of this Act to be to: (1) establish a national policy on equal educational opportunities based on the implementation of quality education with equal educational opportunities for all students regardless of race, color, or national origin; (2) provide an experimental mechanism for States and their local educational systems to implement such national policy; (3) support experimental efforts to reduce achievement disparities between racial and socio-economic groups in the schools; and (4) facilitate, where possible, a reduction in the concentration of children from low-income and minority groups in certain schools primarily by means other than busing. Requires a State wishing to receive funds under this Act to submit a desegregation plan and an implementation plan. Sets forth the guidelines and requirements for such implementation plan, including: (1) the creation of a State advisory council and local advisory committees: (2) an intradistrict and interdistrict transfer plan; (3) an intradistrict and interdistrict cooperation plan; and (4) a compensatory education program. Requires such implementation to: (1) be submitted to the Secretary of Education by January 31, 1982; (2) be developed in consultation with local educational agencies and the State advisory council; and (3) define goals consistent with the purpose of this Act and provide for attaining such goals by a date approved by the Secretary, but in no event later than October 1, 1987. Requires the Secretary to provide notice to applicants 30 days before a final selection is made. Authorizes appropriations for fiscal years 1981-1985.

Bill· HRH.R. 6664 (96th)referred

Resource Conservation and Development Act of 1980

United States · United States Congress · 28 February 1980

Resource Conservation and Development Act of 1980 - Directs the Secretary of Agriculture to establish a resource conservation and development program to assist States, local units of government, and local nonprofit organizations to operate and maintain a planning process for land conservation and utilization, natural resources development, and rural economic and environmental improvement. Authorizes the Secretary to: (1) provide technical assistance in developing area plans for designated rural areas; (2) cooperate in conducting surveys and inventories, disseminating information, and developing area plans; (3) assist in the carrying out of approved area plans by local public agencies and nonprofit organizations designated by States; and (4) enter into specified agreements. Sets forth terms and conditions of agreements which must be met if the Secretary is to provide any technical or financial assistance, including loans, to a State agency, local government, or local nonprofit organization in carrying out works of improvement specified in an approved area plan. Permits the identification of groups or problems for special consideration in area plans. Declares that the authority of the Secretary under this Act shall be supplemental and not in lieu of any authority of the Secretary under any other provision of law. Directs the Secretary to establish within the Department of Agriculture a Resource Conservation and Development Policy Board to advise the Secretary regarding the administration of this Act. Directs the Secretary to evaluate the program provided for in this Act and to report on such evaluation, with recommendations. Authorizes appropriations necessary to carry out this Act, with specified annual limits on technical and financial assistance and on loans.

Bill· HRH.R. 6518 (96th)referred

Fair Insurance Information Practices Act of 1980

United States · United States Congress · 13 February 1980

Fair Insurance Information Practices Act of 1980 - Title I: Records Subject to Privacy Act - Exempts any insurance record maintained as part of a system of records by an agency, insurance institution, or agent (for the purposes of any Federal program) from certain Federal disclosure requirements if otherwise subject to the Fair Insurance Information Practices Act. Title II: Notice Requirements - Requires an insurance company or agent to provide an applicant, prior to collecting personal information about such applicant, with a written application notice, including: (1) types of information to be collected from third-parties, especially regarding character, reputation, or lifestyle; (2) information-gathering techniques; (3) kinds of third-parties; (4) to whom, and under what circumstances, information may be disclosed without prior authorization; (5) types of information that may be so disclosed; (6) an applicant's right to know (upon request) to whom such disclosures were made; (7) information collected for noneligibility or noninsurance, such as marketing purposes; (8) an applicant's right to prohibit the disclosure of such noninsurance information; and (9) an applicant's right to correct or amend such personal information. States that such application notice may be provided as part of the insurance application. Provides that summary notice (a written summary of the required information including a statement that full notice may be obtained upon request) shall be considered full notice. Requires that prior to collecting marketing or other noninsurance information about an individual in connection with an insurance claim, such individual must be notified by the company or agent of his/her right to prohibit such information's disclosure. Exempts renewal or change in coverage applications from notification requirements under this title if: (1) no new personal information is used; or (2) notification has been received by the individual within the preceeding 12 months. Authorizes the company or agent to collect personal information immediately on an application or renewal received by mail or telephone provided the applicant is given notice within three business days after the application is taken or the insurance coverage is bound. Provides, with regard to group policies, that proper notice to the group policyholder is sufficient notice. States that the required notice shall be formulated on or before the effective date of this Act. Requires the company or agent, in the case of an adverse underwriting decision, to provide the applicant with written notice setting forth: (1) the reasons for such decision; (2) the applicant's rights under this Act; and (3) the address to which to write to receive the information used by the company or agent in making such decision. Provides that upon such request, the company or agent shall provide the applicant within 20 business days with: (1) specific information used to support such adverse decision; and (2) names and addresses of such information sources. Requires such requests to be made within 120 business days of the notification date. Permits the company or agent to include the above information with the original notice of the adverse decision. Exempts insurance policy denials, nonrenewals, or cancellations from such obligations if: (1) coverage is not available to a class of persons to which the applicant belongs, or a group policy is not renewed or canceled on a class basis; or (2) the individual did not pay his/her premiums, or the policy is not renewed or canceled on a statewide or nationwide basis. Requires proper written notice to be provided to a concerned individual. Requires a company or agent to notify an applicant if such application is submitted to a substandard risk insurer. States that a company is not obligated under this Act to provide notice to a group policyholder with regard to nonacceptance, nonrenewal, or refusal to change coverage. Stipulates that if such decision was based in whole or in part on individually identifiable personal information, notice shall be provided to those individuals. States that the obligations imposed on a company or agent under this title may be performed by another authorized company or agent acting on its behalf, provided that such obligations are satisfied by a single company or agent. Title III: Information Collection Practices - Requires a company, agent, or support organization to conform to notice requirements under this Act regarding kinds of information and sources. Sets forth authorization statement requirements, including: (1) types of individuals authorized to disclose information; (2) to whom disclosure may be made; (3) purposes of disclosures; and (4) length of such authorization's validity. Prohibits the use of pretext interviews to obtain personal information. Title IV: Conditions of Disclosure - Prohibits a company or agent from disclosing individually identifiable personal information to a third party unless so authorized by the individual. States that such authorization (except as otherwise provided) may not exceed one year, and must identify the recipients of such information. Authorizes a company, agent, or support organization to disclose personal information for: (1) insurance business purposes; (2) medical purposes; (3) marketing purposes; (4) business or legal purposes; (5) audits; (6) actuarial or research purposes; (7) policyholder participation in the governance of a mutual insurance company; (8) purposes of compliance with Federal, State, or regulatory authority or law; or (10) civil litigation. Sets forth requirements and guidelines for such disclosure. Limits the use of such disclosed information by the recipient to the purpose for which it was originally disclosed. Provides that for the purposes of this title, consumer reporting agencies shall be considered "support organizations" only to the extent that they use or disclose such personal information on behalf of insurance companies or agents. Title V: Individual Access to Personal Information - Requires a company or agent to make any personal information in its control available to the individual to whom it refers, or to his/her legal representative. Sets forth access procedures requiring the company or agent to: (1) notify the individual within ten business days if the request cannot be complied with because of insufficient specificity, and inform the individual of the information needed to comply with such request; (2) respond within 20 business days if it can comply with the request either orally, by mail, or by permitting the individual to see and copy in person such information; (3) respond within 20 business days if such request concerns claims information exempt from access; and (4) disclose, if recorded, the identity of persons who have been provided such information within the last two years. Requires such information requests to also be provided with the identity of third-party sources, except for certain such sources who are natural persons acting in their personal capacities. Provides that medical records information may be provided directly to the individual, or under specified conditions, through a medical professional. Requires the individual to be notified by the company or agent if such information is provided through the medical professional. Exempts from such access compliance requirements, information collected for use in: (1) a civil or criminal proceeding; (2) processing a third-party claim; or (3) processing an unsettled claim. Allows a reasonable fee to be charged for handling such information requests, but prohibits any other fees to be charged. Excludes consumer reporting agencies from coverage under this title. Title VI: Correction, Amendment, or Deletion of Recorded Personal Information - Provides an individual with the right to correct, amend, or delete any errors, misrepresentations, or misleading entries in his personal information file. Sets forth procedures requiring the company or agent within 30 business days of receipt of a written correction request to: (1) make such correction; or (2) notify the individual of refusal (upon proper grounds) to make such correction. Requires notice of such correction to be sent by the company or agent to: (1) the individual concerned; (2) any person designated by such individual who may have received such information within the last two years; and (3) certain consumer reporting agencies or insurance support organizations. Requires a company to include an individual's statement concerning a disputed question in such information file, and to include such statement in any further third-party disclosures. Excludes consumer reporting agencies from the definition of "support organization" under this title. Title VII: Enforcement - Authorizes State insurance authorities to enforce this Act. Grants jurisdiction for such actions in the Untied States district courts. Entitles an individual to bring a civil action under this Act in an appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction. Prohibits such an action from being brought later than two years from the discovery of the violation or later than seven years from the date of the violation. Allows for the award of punitive damages, attorney's fees, and other reasonable litigation costs. Provides for a fine of not more than $100,000 or not more than fine years imprisonment, or both, for a person who knowingly obtains or supplies personal insurance information under false pretenses, theft, bribery, or false or fraudulent representation. Title VIII: Miscellaneous Provisions - States that an individual's exercise of the rights provided by this Act shall not prejudice his/her insurance benefits. Provides immunity for a company, agent, support organization, or authorized representative or employee who discloses or receives information under this Act, except as to false information intentionally disclosed. States that this Act shall become effective 365 days after its enactment. Title IX: Definitions - Defines specified terms for purposes of this Act.

Law· HRH.R. 6410 (96th)open

Paperwork Reduction Act of 1980

United States · United States Congress · 5 February 1980

Paperwork Reduction Act of 1980 - Establishes, within the Office of Management and Budget (OMB), the Office of Federal Information Policy (OFIP) to provide overall direction for the development and implementation of Federal information policies which include guidelines concerning: (1) the reduction of the Government paperwork burden on the public; (2) records management activities; and (3) the privacy of records pertaining to individuals. Requires the Director of OMB to appoint an Administrator of OFIP. Sets forth functions of the Director with respect to Federal information collection and management in the following categories: (1) general information policy functions; (2) information collection request clearance and other paperwork functions; (3) statistical policy and coordination functions; (4) records management functions; (5) privacy of information functions; and (6) automatic data processing and telecommunications functions. Requires the Director to ensure that agencies: (1) provide a substantial opportunity for the public to comment on the means of collecting information with regard to a proposed rule; and (2) assess alternative methods of attaining the statutory goals of such a rule. Requires the Director, within one year after enactment of this Act: (1) to establish requirements and assign responsibility for agency and Government-wide audits of all major information systems; (2) to establish the Federal Information Locator System; (3) to develop a schedule for eliminating any duplication of information collection requests by the Government; and (4) in consultation with the Administrator of General Services, to develop a five-year plan for meeting the automatic data processing and telecommunication needs of the Government. Directs the Director, within two years after this Act is enacted: (1) to establish a system for integrating the various information management practices; (2) to develop a program to enforce Federal information processing standards and to revitalize the standards development program; (3) to complete action on recommendations of the Commission on Federal Paperwork; and (4) to submit to the President and Congress legislative proposals to remove inconsistencies in laws involving privacy, confidentiality and disclosure of information. Requires each agency: (1) to carry out its information management activities in an economical manner; (2) to inventory its major information systems and review, periodically, its management activities; (3) to ensure that its systems do not overlap each other or duplicate systems of other agencies; (4) to develop procedures for assessing the paperwork burden of its collection activities; and (5) assign an official to be responsible for acquisitions of automatic data processing equipment and services. Requires an agency, before collecting any information, to: (1) eliminate reporting requirements which seek information which is available through another Government source; (2) minimize the compliance burden on respondents; (3) plan the tabulation of the information in a manner which maximizes its usefulness to other agencies; and (4) obtain the Director's approval of such collection. Requires the Director to approve or disapprove any collection request within 60 days of receiving it. Allows the Director, when considering a request, to provide an opportunity for the agency or other interested persons to submit oral or written statements. Authorizes the Director: (1) to designate a single collection agency for two or more agencies; and (2) to direct the disclosure of confidential information from one agency to another under specified conditions. Establishes, within OFIP, a Federal Information Locator System composed of a dictionary of information resources, a data element dictionary, and an information referral service. States that the System shall serve as the authoritative register of all information requests. Requires the Director: (1) to design an index for the System; (2) to require each agency head to submit for inclusion in the System a data profile of each information request of that agency; (3) to compare proposed information requests with existing requests through the System; and (4) to ensure that no actual data, excluding descriptive data which is necessary to locate information or identify duplicative data, is included in the System. Declares that no person shall be subject to any penalty for failing to provide information to an agency if such agency requested such information after December 31, 1981, in violation of procedures under this Act. Requires the Director: (1) to review the information management activities of each agency at least once every three years; (2) to report the findings to the agency and specified committees of Congress; (3) to keep Congress fully informed of major activities under this Act; and (4) to submit to the President of the Senate and the Speaker of the House an annual report on such activities. Specifies the contents of such report. Declares that an agency's authority under any other law to prescribe rules or forms for Federal information activities shall be subject to the Director's authority under this Act. Grants the Comptroller General access to all records of OFIP. Authorizes appropriations to carry out the provisions of this Act. Requires the Administrator of General Services: (1) to include in an annual report to Congress and the Director estimates of the lost benefits or savings resulting from the failure of agencies to implement the Administrator's recommendations; and (2) to assist the Administrator of OFIP in conducting studies and developing standards relating to records retention requirements of Federal agencies. Requires the President and the Director of OMB to delegate specified Federal information functions to the Administrator.

Bill· HRH.R. 6380 (96th)referred

A bill to establish a Commission on More Effective Government, with the declared objective of improving the quality of government in the United States and of restoring public confidence in government at all levels.

United States · United States Congress · 31 January 1980

Establishes a Commission on More Effective Government to study and recommend ways of promoting economy, efficiency, and improved service within the Federal Government. Directs the Commission to recommend methods to improve the relationship between Federal, State, and local governments. Provides for the appointment of members of the Commission by the President, the Speaker of the House of Representatives, and the President pro tempore of the Senate. Sets forth provisions governing the organization and compensation of the Commission and its staff. Empowers the Commission to establish advisory councils and committees as it deems appropriate without regard to the provisions of the Federal Advisory Committee Act. Sets forth the powers of the Commission enabling it to gather information free from subsequent review or comment by any Federal agency. Directs the Commission to submit its final report to the Congress ten days after the Ninety-eighth Congress convenes. Terminates the Commission 90 days after such date. Authorizes the appropriation of funds necessary to carry out this Act.

Bill· HRH.R. 6334 (96th)referred

A bill to amend chapters 21 and 23 of title 44, United States Code, relating to the National Archives Trust Fund Board.

United States · United States Congress · 29 January 1980

Declares that gifts or bequests received by the Administrator of General Services with respect to a specified Presidential archival depository and the proceeds from the sale of depository items shall be paid into a Treasury fund established specifically for such depository. Permits the Administrator: (1) to charge a fee which recovers not more than the costs of making or authenticating copies of materials in the Administrator's custody; and (2) to charge a fee for performing such services for Government purposes if the Administrator does not have sufficient funds to pay the costs of such services. Directs the National Archives Trust Fund Board: (1) to utilize, on a reimbursable basis, personnel of the Government Services Administration in the performance of its functions; and (2) to submit to Congress an annual report on its financial and property receipts and expenditures, and on its operations. Declares that the Administrator shall pay the costs incurred by the Board. Authorizes the Board to transfer funds to the Administrator, instead of the Chairman of the Board, to be expended on archival or records activities approved by the Board. Prohibits the expenditure of funds received as a gift or bequest for any purpose for which appropriated funds could not be expended. Authorizes the Administrator to sell any work prepared pursuant to archival and records activities at a price not exceeding its cost.

Bill· HRH.R. 6335 (96th)referred

A bill to amend chapter 23 of title 44, United States Code, to reconstitute the membership of the National Archives Trust Fund Board, and for other purposes.

United States · United States Congress · 29 January 1980

Reconstitutes the membership of the National Archives Trust Fund Board to include the Administrator of General Services as Chairman, and the Archivist of the United States and the Secretary of the Treasury as members. Declares that the exclusive purpose of the Board is to support the operations of the National Archives and Records Service. Authorizes the Board: (1) to appoint individuals in accordance with civil service laws; and (2) to enter into contracts for performance of its functions. Directs the Board to transmit its initial bylaws and regulations to Congress and to notify Congress of any amendments to such bylaws or regulations. Authorizes the Inspector General of the General Services Administration to audit the Board's records or investigate the Board's operations. Directs the Board to submit to Congress an annual report on its operations.

Law· HRH.R. 6308 (96th)open

Magnetic Fusion Engineering Act of 1980

United States · United States Congress · 28 January 1980

Fusion Energy Research, Development, and Demonstration Act of 1980 - Directs the Secretary of Energy to establish research, development, and demonstration programs involving magnetic fusion energy systems to: (1) construct and operate a fusion engineering test facility by 1986; (2) construct and operate a magnetic fusion demonstration facility before the end of this century; (3) maintain and expand the base programs for fusion energy research and the development and testing of appropriate alternative confinement technologies; (4) maintain a strong research and development program in advanced fusion fuels; and (5) ensure an uninterrupted source of scientific and engineering talent from institutions of higher learning to support such effort. Requires such programs to include a study of the potential of using fusion energy for the production of synthetic fuels and the electrification of ground transportation systems. Directs the Secretary to disseminate information promoting the practical uses of fusion energy.

Bill· HRH.R. 6231 (96th)referred

A bill to provide for the payment of losses incurred as a result of the ban on the use of the chemical Tris in apparel, fabric, yarn, or fiber, and for other purposes.

United States · United States Congress · 27 December 1979

Grants the Court of Claims jurisdiction over claims against the United States for certain losses sustained by producers, processors, manufacturers, distributors, dealers, or other persons resulting from the ban on apparel, fabric, yarn, or fiber containing Tris phosphate. Directs such court to consider certain factors in determining the validity of such claims. Prohibits the inclusion of lost profits, proceeds from the distress sales, attorney's fees, or interest on any such loss in determining the amount of losses for which such claims are brought. Sets forth the measure of losses for specified types of claimants.

Bill· HRH.R. 6194 (96th)referred

Medicaid Community Care Act of 1980

United States · United States Congress · 19 December 1979

Medicaid Community Care Act of 1980 - Authorizes a State with a plan approved under title XIX (Medicaid) of the Social Security Act to apply to the Secretary of Health and Human Services (formerly, the Secretary of Health, Education, and Welfare) to have Federal payments for home health care services, nursing services, home health aid services, medical equipment for use in the home, physical therapy, occupational therapy, speech pathology services, endiology services, adult day health services, respite care, short-term full-term nursing care, homemaker services, and nutrition counseling made at a higher rate the the rate for other care and services provided under the State plan. Specifies that the Federal medical assistance percentage for such services and the comprehensive assessments provided for in this Act shall be the lesser of: (1) the Federal medical assistance percentage determined under title XIX plus 25 percent; or (2) 90 percent of the cost of such services and assessments. Requires an application to be accompanied by a community care plan which: (1) provides for a comprehensive assessment of each individual eligible or applying for Medicaid who is likely to need long-term skilled nursing facility or intermediate care facility services; (2) makes available, under title XIX, the care and services for which the higher Federal payment may be made to individuals determined pursuant to a comprehensive assessment to be in need of long-term facility services and for whom such assistance is a feasible alternative to long-term facility services; and (3) coordinates the services provided under this Act with similar services provided under the Older Americans Act of 1965, and under titles XVIII (Medicare) and XX (Grants to States for Services) of the Social Security Act. Requires the Secretary to report to Congress with respect to the program established under this Act. Permits a State, for the purposes of title XIX, to treat a noninstitutionalized individual the same as an individual who is in a long-term care facility if the noninstitutionalized individual meets the income and resources standards for long-term facility residents and has been determined, pursuant to an assessment under this Act, to need long-term facility services.

Bill· HRH.R. 6152 (96th)reported

Product Liability Risk Retention Act of 1979

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.

Bill· HRH.R. 6148 (96th)referred

A bill to amend the Older Americans Act of 1965 to provide that area agencies on aging shall have authority to award funds to the providers of home delivered meals for older persons without requiring that such providers also furnish meals to older persons in a congregate setting, and for other purposes.

United States · United States Congress · 14 December 1979

Amends the Older Americans Act of 1965 to provide that area agencies on aging shall have authority to award funds to the providers of home delivered meals for older persons without requiring that such providers also furnish meals to older persons in a congregate setting.

Bill· HRH.R. 6021 (96th)referred

A bill to amend the Congressional Budget Act of 1974 to limit the levels of total budget outlays and tax expenditures contained in concurrent resolutions on the budget; and to establish procedures for making loans and loan guarantees under Federal credit programs subject to the congressional budget process.

United States · United States Congress · 4 December 1979

Title I: Limitation on Future Growth of Federal Spending and Tax Expenditures - Federal Spending and Tax Expenditure Control Act of 1979 - Amends the Congressional Budget Act of 1974 to prohibit the adoption of any concurrent resolution on the budget which sets forth a level of total budget outlays and total tax expenditures in excess of 28.5 percent of the gross national product in fiscal year 1981, 28 percent of the gross national product in fiscal year 1982, or 27.5 percent of the gross national product in any fiscal year thereafter. Establishes procedures to enable the President and the Congress to suspend such limitations on budget outlays and tax expenditures. Title II: Federal Credit Program Control - Federal Credit Program Control Act of 1979 - Declares that the purpose of this Act is to provide a basis for controlling loans and loan guarantees under Federal credit programs through the congressional budget process. Requires the first concurrent resolution on the budget for each fiscal year to set forth the appropriate level of total gross obligations for the principal amount of direct loans and the appropriate level of total commitments to guarantee loans and to allocate such totals among the major functional categories of the budget. Directs each standing committee of the House and Senate to submit its estimates of direct loan obligations and loan guarantee commitments provided for in legislation under its jurisdiction by March 15 of each year for consideration of the Budget Committees in formulating the budget resolution. Directs the House and Senate Banking Committees to submit recommendations to the Budget Committees for the aggregate levels of direct loans and loan guarantees in each fiscal year. Requires the joint explanatory statement accompanying a conference report on the concurrent resolution on the budget to include an estimated allocation of the total levels of direct loan obligations and loan guarantee commitments among the committees of the House and Senate. Directs the Committees on Appropriations to provide such an allocation among their subcommittees as soon as practicable after a budget resolution has been agreed to. Requires the House Committee on Appropriations, before reporting any regular appropriations bills, to submit a summary report to the House comparing the credit authority contained in such bills to the levels agreed to in the budget resolution. Requires any report accompanying legislation conferring new budget authority or increasing tax expenditures to include information on direct loan obligations and loan guarantee commitments. Establishes a deadline for the completion of action on legislation providing credit authority. Requires the second concurrent resolution on the budget in any fiscal year and the reconciliation process to take into account Federal obligations and commitments on loans and loan guarantees. Declares out of order any measure brought up for consideration in either House which would increase the level of loan obligations and guarantee commitments agreed to in the budget process. Requires any authority to guarantee the payment of any indebtedness to be contingent on provisions in appropriation Acts.

Bill· HRH.R. 5935 (96th)failed

Federal Privacy of Medical Information Act

United States · United States Congress · 16 November 1979

Federal Privacy of Medical Information Act - States the purposes of this Act to be: (1) to establish procedures allowing patients to inspect and amend medical information about them; (2) to define the circumstances under which individually identifiable medical information may be disclosed with or without patient consent; and (3) to make it a crime to request or obtain medical information from medical care facilities under false pretenses. Title I: Privacy of Medical Information - Part A - Definitions, Effect on Other Law, and Rights of Minors and Incompetents - Defines "accounting", with regard to medical information disclosure, as the recording of the date, nature, and purpose of such disclosure; and the name and business address of the person to whom the disclosure was made. Defines "aggravated property destruction" as property damage (in excess of $500) causing a significant impairment of use. Defines "audit" as an evaluation relating to: (1) the applicability of legal, medical, fiscal, or scientific standards; (2) the licensing or certification of medical facilities or personnel; or (3) medical peer review. Defines "employee" to include students or faculty members of a school affiliated with a medical care facility. Defines "government authority" as any Federal, State, or local entity, officer, employee, or agent. Defines "health research project" as a biomedical, epidemiologic, or health services research or statistics project. Defines "institutional review board" as: (1) a board established in accordance with regulations of the Secretary of Health and Human Services (formerly, the Secretary of Health, Education, and Welfare); (2) a similar board established under regulations of another Federal Government authority; or (3) a similar board which meets such requirements as the Secretary may specify. Defines "appropriate institutional review board" (with respect to a health research project intending to use medical information maintained by a researcher or facility) as: (1) the institutional review board for the organization sponsoring the project; (2) the institutional review board for the facility or researcher; (3) the institutional review board for another medical facility or institution which maintains medical information also intended to be used in the project; or (4) an institutional review board established or designated by the Secretary. Defines "medical information" as material that: (1) contains information relating to the health, examination, care, or treatment of a patient, or is to be added to such material under the provisions of this title; and (2) is in a form enabling the patient to be identified. Defines "law enforcement inquiry" as a lawful investigation or official inquiry into a violation or failure to comply with any criminal or civil statute, or related regulation, rule, or order. Defines "medical care facility" as: (1) a hospital or skilled nursing facility; (2) an intermediate care facility certified by a State agency for participation in a program under title XIX of the Social Security Act; (3) an intermediate care facility, outpatient clinic, or ambulatory care facility operated by a Federal Government authority; or (4) an outpatient clinic or ambulatory care facility receiving funds from a Federal Government authority under a grant or contract under the Public Health Service Act, title V of the Social Security Act, the Community Mental Health Centers Act, the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, or the Drug Abuse Office and Treatment Act of 1972, if the clinic or facility is subject to the provisions of this Act. Stipulates that such term does not include any prison facility or any facility located outside the United States. Prohibits any State or local law from authorizing or compelling the disclosure of medical information protected under this Act. Sets forth the rights of incompetents and minors. Part B - Rights of Inspection, Correction, and Notice, and Authorized Disclosure - Requires medical care facilities to permit individuals to inspect and get copies of their medical records. States that the medical care facility may: (1) require a written request for the inspection and copying of such information; (2) not charge an inspection fee; and (3) charge a reasonable copying fee. Requires a medical facility to reply to such an information or copy request within 30 days. States that such a request may not be compiled with if: (1) inspection or copying of the information would, in the medical judgment of the facility, harm the patient; (2) the information concerns mental health treatment and the facility does not permit disclosure of such information without the patient's authorization, or only under compulsion of law; (3) the information concerns mental health treatment of an individual other than a patient; (4) the information is used for administrative purposes; or (5) the information is compiled in connection with a civil suit. Requires a written statement explaining the reasons for any such request denial to be provided by the facility to the patient (or designated representative). Sets forth procedures for a patient to correct or supplement such medical information. Requires a medical care facility to prepare a written notice of information practices describing: (1) disclosures that may be made without a patient's written authorization; and (2) related rights and procedures. Requires a facility to provide such information upon request, and to make reasonable efforts to inform patients of the existence and availability of such information. Prohibits a medical care facility from disclosing medical information: (1) to anyone other than a patient or designated representative, unless so authorized by the patient or otherwise permitted under this Act; and (2) to anyone not properly identified. Sets forth patient disclosure requirements, including: (1) particularity of information, recipient, and facility; and (2) written, dated, and signed (by the patient) authorization. Permits such authorization to be revoked or amended by the patient. Part C - Disclosure of Medical Information Without Specific Information - Authorizes a medical care facility to disclose patient information without authorization: (1) to aid a facility employee in the performance of his/her duties; (2) to a medical professional in connection with the care of a specific patient; (3) for admission and health status purposes; (4) for use in specified health research projects; (5) for purposes of specified audits; (6) to assist in the identification of a dead person; (7) to alleviate emergency circumstances affecting a person's health or safety, or involving imminent danger of aggravated property destruction; (8) pursuant to legal requirements concerning public health, child abuse, law enforcement, court-ordered examinations, or Federal medical facilities; (9) for specified Secret Service and foreign intelligence purposes (with a written certification specifying the information requested); (10) to the next of kin; (11) for specified law enforcement purposes (with a written certification specifying the information requested); (12) pursuant to a subpena, summons, warrant or search warrant; and (13) with regard to certain veterans' or uniformed services' benefits, or other specified Federal medical care facilities or services. States that medical information disclosed without patient authorization to a Federal grand jury shall: (1) be returnable on a date when the grand jury is in session; (2) be used only to decide to issue an indictment or report, or for prosecuting a crime for which such indictment has been issued, or for specified purposes the Federal Rules of Criminal Procedure; and (3) not be maintained by any government authority, other than in the sealed records of the grand jury, unless such information has been used in the prosecution of a crime for which the grand jury issued an indictment or for a specified purpose authorized by the Federal Rules of Criminal Procedure. Part D - Access Procedures, Challenge Rights, and Reporting - Prohibits a governmental authority from obtaining medical information about a person for use in a law enforcement inquiry pursuant to an administrative summons, subpena, or warrant, or a judicial summons or subpena unless: (1) reasonable grounds exist for believing such information to be relevant to the inquiry; (2) a copy of such summons or subpena has been served upon the person (or to his/her last known address), together with notice of such person's right to challenge such summons or notice; and (3) ten days have passed from the date of service, or 14 days from the date of mailing, and no such challenge has been initiated, or disclosure is ordered by a court. Requires a governmental authority that secures medical information about a person from a medical facility pursuant to a search warrant to serve a copy of the warrant upon such person within 45 days. Permits a governmental authority to delay notifying an individual regarding a summons or subpena if a court finds that: (1) the governmental inquiry is lawful; (2) reasonable grounds exist to believe that the medical information is relevant to such inquiry; (3) the government's need outweighs the individual's privacy interest; and (4) reasonable grounds exist to believe that notifying the individual will result in endangering someone's life or safety, flight from prosecution, destruction of evidence, or intimidation of witnesses. Authorizes an individual to challenge a governmental summons or subpena requesting medical information about such individual. Requires a court in weighing a governmental request against a patient's challenge to consider: (1) the purpose for which the medical information was gathered; (2) the degree to which disclosure injures or invades the patient's privacy; (3) the effect of disclosure upon the patient's future treatment; (4) the importance of the governmental inquiry, and the importance of the information to that inquiry; and (5) any other relevant factors. Places the burden on the individual to show that his/her privacy interest outweighs the governmental interest. Authorizes the court to assess attorney and related fees against the Federal authority if the challenging patient prevails. Sets forth access and challenge procedures for obtaining medical information pursuant to an administrative summons subpena, or warrant or a judicial summons, subpena, or search warrant. Requires the Director of the Administrative Office of the United States courts to include in his annual report to Congress information regarding the number of patient challenges and delays of notice sought by the government. Part E - Enforcement - Establishes criminal penalties of: (1) not more than $10,000 and/or six months imprisonment for falsely obtaining or requesting medical information; (2) not more than $30,000 and/or five years imprisonment for falsely obtaining or requesting, and intentionally selling, such information; and (3) not more than $30,000 and/or five years imprisonment for unlawfully taking such information and selling it. Authorizes an individual whose rights have been violated under this Act to maintain a civil suit against a governmental officer or employee, the governmental authority, or the medical care facility or personnel. Provides that United States district courts shall have jurisdiction in such actions. Authorizes in specified circumstances, the awarding of punitive damages and attorney and related fees. Directs the Secretary to publish a model notice of information practices describing the disclosures and rights of patients required to be included in the notices of information practices required by this Act. Title II: Amendment to Title 5, United States Code - Exempts medical information maintained by a medical care facility subject to title I of this Act from certain agency disclosure provisions. Title III: Transition and Effective Dates - States that the provisions of this Act shall: (1) continue to apply to medical information obtained by a medical care facility no longer in operation; and (2) become effective with regard to Federal medical care facilities on the first day of the first calendar quarter beginning more than one year after the date of enactment of this Act.

Bill· HRH.R. 5861 (96th)referred

Reverse Freedom of Information Litigation Act

United States · United States Congress · 9 November 1979

Reverse Freedom of Information Litigation Act - Amends the Freedom of Information Act to require each Federal agency to promulgate regulations by which: (1) the agency shall notify a person who has submitted information to the agency (submitter) of any request, with specified exceptions, for the disclosure of such information; and (2) the submitter may present written arguments regarding such request. Directs each agency to notify the submitter of: (1) its decision regarding such request; and (2) the submitter's right to appeal a decision to disclose such information to the head of the agency. Prohibits an agency, upon deciding to honor such a request, from disclosing the requested information for ten days after notifying any submitter who objected to such disclosure of such decision. Grants the United States district courts jurisdiction, on complaint of a submitter, to enjoin an agency from disclosing information. Requires any agency which is the subject of a complaint to notify: (1) an individual requesting information of any complaint seeking the withholding of such information; and (2) a submitter about any complaint seeking the disclosure of information. Specifies the jurisdiction of the courts with respect to the parties to actions based on such complaints. Permits the defendant in such an action to intervene or to be joined in such action. Directs such a court, in an action in which the complainant seeks the withholding of records, to review the record of the agency proceeding and to uphold the record unless it is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law.

Bill· HRH.R. 5858 (96th)referred

Sunset Review Act of 1979

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.

Bill· HRH.R. 5820 (96th)referred

Privacy of Correspondence Act

United States · United States Congress · 7 November 1979

Privacy of Correspondence Act - Prohibits the opening of mail which is sealed against inspection except: (1) with the consent of the sender or addressee; (2) pursuant to a search warrant; (3) by a Postal Service employee for the purpose of determining an address of delivery or upon suspicion that the mail contains an explosive device; or (4) by an employee of the Customs Service upon suspicion that an item weighing more than one ounce contains material which is being imported illegally. Authorizes any person whose mail is illegally opened to bring a civil action against those persons responsible and to a recover a minimum of $1,000 plus court costs.

Bill· HRH.R. 5798 (96th)referred

Forestry Tax Incentive Act of 1979

United States · United States Congress · 2 November 1979

Forestry Tax Incentive Act of 1979 - Amends the Internal Revenue Code to allow owners of ten or more acres of forest lands a nonrefundable income tax credit for any capital expenditures which create or enhance: (1) forest growth and quality; (2) fish and wildlife habitat; (3) soil stabilization; or (4) outdoor recreation. Limits the amount of such credit to 75 percent of expenditures up to $5,000, 50 percent of expenditures between $5,000 and $15,000, 25 percent of expenditures between $15,000 and $25,000, and ten percent of expenditures between $25,000 and $50,000. Disqualifies expenditures which are made from payments received under the Cooperative Forestry Assistance Act of 1978.

Bill· HRH.R. 5755 (96th)referred

Smoke Detector Demonstration Act

United States · United States Congress · 31 October 1979

Smoke Detector Demonstration Act - Directs the Administrator of the United States Fire Administration to establish and conduct smoke detector placement demonstration projects for two years, after consultation with the Secretary of Housing and Urban Development. Directs the Administrator to establish criteria applicable to the selection, acquisition, installation, and maintenance of smoke detectors used and to the selection of participating households and communities. Directs the Administrator to establish minimum performance requirements applicable to detectors used in the projects, after examining and testing detectors available for retail purchase on the enactment date of this Act, and to authorize acquisition of detectors which meet such requirements. Directs the Administrator to ensure that sufficient opportunity for participation is given to older persons, institutions serving children, and low-income families. Directs the Administrator to cooperate with local fire prevention agencies and local communities. Authorizes the Administrator to cooperate with any private entities in carrying out the projects. Directs the Administrator to submit information on project results to the Consumer Product Safety Commission. Directs the Commission to evaluate such information and disseminate to consumers information pertinent to the purchase and effective use of smoke detectors. Authorizes the Commission to require the Administrator to design projects so as to produce information to be used in promulgating consumer product safety standards. Directs the Commission to take account of such information relating to potential fire hazards from household appliances or other consumer products. Directs the Administrator to report to Congress, with recommendations for legislative or other action. Authorizes appropriations for fiscal year 1981 to carry out this Act.

Bill· HRH.R. 5694 (96th)referred

A bill to amend the National Trails Systems Act, to authorize a study of the Trail of Tears, and for other purposes.

United States · United States Congress · 24 October 1979

Amends the National Trails Systems Act to authorize a study to be conducted by the Secretary of the Interior, in consultation with the Secretary of Agriculture, the appropriate States, and the Cherokee people, to determine the feasibility of designating the Trail of Tears as a National Historic Trail. Includes the Trail of Tears as a route to be studied for designation as a national scenic trail.

Bill· HRH.R. 5637 (96th)referred

A bill to amend title II of the Social Security Act to provide that a child's entitlement to child's insurance benefits on the wage record of an adopting parent shall terminate upon such child's readoption by his or her natural parent.

United States · United States Congress · 18 October 1979

Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to terminate an adopted child's entitlement to child's insurance benefits based on the income of an adopting parent if such child is readopted by his or her natural parent.

Bill· HRH.R. 5646 (96th)referred

Fair Insurance Information Practices Act

United States · United States Congress · 18 October 1979

Title I: Records Subject to Privacy Act - Amends the Privacy Act of 1974 to exempt insurance records from coverage under such Act, if the maintenance and disclosure of such records are subject to the Fair Insurance Information Practices Act. Title II: Fair Insurance Information Practices - Fair Insurance Information Practices Act - Prohibits insurance institutions, agents, and support organizations from disclosing individually identifiable personal information except if specified circumstances exist, including: (1) the written authorization of the individual concerned; (2) when required by Federal or State statute; (3) for governmental and insurance regulatory authority; (4) for business purposes; (5) to insurance institutions or a consumer reporting agency; and (6) for auditing or research purposes. Requires insurance institutions or agents to notify the individual concerned, in connection with an application for insurance or a claim of the: (1) types of personal information to be collected; (2) techniques of collection; and (3) individual's rights with regard to such information. Sets forth limitations on information collection practices, including: (1) inducing an individual to sign any statement authorizing any person to disclose personal information; and (2) the use of pretext interviews. Requires insurance institutions, agents, or support organizations to make any personal information in their possession available to the person to whom such information refers. Sets forth the procedures to be followed in making such information available. Permits the nondisclosure of specified information, including: (1) names of third party sources; and (2) information gathered in the course of a judicial proceeding or in processing a claim. Gives individuals the right to have factual errors in personal information corrected and misrepresentations or misleading entries amended or deleted. Sets forth the procedure to be followed. Requires insurance institutions or agents to notify the individual concerned of adverse underwriting decisions and the individual's rights with respect to such decisions, unless specified circumstances exist. Stipulates that an individual's exercise of rights pursuant to this Act shall not affect such individual's insurance coverage or benefits. Permits actions for damages against insurance institutions, agents, or support organizations only for false information intentionally disclosed, if the disclosure or receipt of information is required by this Act. Permits individuals aggrieved by violations of this Act to receive actual, general and liquidated damages,, equitable and declaratory relief, and costs and attorney's fees. Authorizes State officials to enforce this Act. Makes this Act effective one year from enactment. Provides criminal penalties for: (1) obtaining personal information from insurance institutions, agents, or support organizations under false pretenses or by bribery or theft; and (2) unauthorized disclosures by officers and employees of such institutions or support organizations. Makes provisions for notification of existing policyholders of their rights under this Act. Permits the disclosure of personal information concerning a party to civil litigation to another party to such litigation pursuant to subpoena or other compulsory legal process. Sets forth the procedure to be followed.

Bill· HRH.R. 5643 (96th)referred

Rural Cooperative Business Income Act of 1979

United States · United States Congress · 18 October 1979

Rural Cooperative Business Income Act of 1979 - Amends the Internal Revenue Code to provide that income received by a mutual or cooperative telephone or electric company for services to customers or rural telephone or electric companies, and income received from the rental or sale of communications or power facilities, shall not be subject to the tax on unrelated business income.

Bill· HRH.R. 5572 (96th)referred

Smoke Detector Demonstration Act

United States · United States Congress · 12 October 1979

Smoke Detector Demonstration Act - Directs the Administrator of the United States Fire Administration to establish and conduct smoke detector placement demonstration projects for two years, after consultation with the Consumer Product Safety Commission and the Secretary of Housing and Urban Development. Directs the Administrator to establish criteria applicable to the selection, acquisition, installation, and maintenance of smoke detectors and to the selection of participating households and communities. Directs the Administrator to ensure that: (1) sufficient opportunity for participation is given to older persons, and low-income families; and (2) communities in the southcentral region which experience substantial risk of fire are included. Requires that the administration, from presently available detectors, determine which meet minimum performance requirements to fulfill program objectives and authorize their purchase. Directs the Administrator to cooperate with local fire prevention agencies and local communities. Authorizes the Administrator to cooperate with any private entities in carrying out the projects. Directs the Administrator to report to Congress, with recommendations for legislative or other action. Authorizes appropriations for fiscal year 1981 to carry out this Act.

Bill· HRH.R. 5560 (96th)referred

Privacy of Electronic Fund Transfers Act of 1979

United States · United States Congress · 12 October 1979

Privacy of Electronic Fund Transfers Act of 1979 - Permits electronic fund transfer service providers to disclose information concerning such transfers only: (1) to Government authorities pursuant to the Foreign Intelligence Surveillance Act of 1978, a court order, or specified emergencies; (2) to financial institution employees solely to determine the contents and the correctness of an item which was debited or credited to an account maintained by such financial institution; or (3) with the specific authorization of the originator or addressee of the item. Authorizes the Attorney General to the United States or any State to seek a court order to acquire the record of an electronic fund transfer when such acquisition may provide evidence of a criminal offense which is a felony under Federal law or, with respect to such State authority, threatens serious injury to person or property and is punishable by imprisonment for more than one year. Sets forth the procedure to be followed by the applicant for and the court issuing such court order. Permits the interception of an electronic fund transfer by a Federal or State investigative or law enforcement officer if: (1) an emergency exists with respect to life threatening criminal activities; and (2) there are grounds for a court order to authorize such interception. Requires an application for an order approving such interception within 48 hours. Authorizes Secret Service special agents to intercept such transfers in order to locate an individual if specified procedures are followed. Requires the court denying or issuing a court order pursuant to this Act to notify the person named in the order or application and in its discretion other parties to the intercepted transfers of specified information concerning such interception. Permits such notification to be delayed in specified circumstances. Sets forth criminal and civil penalties for violations of this Act. Allows a person aggrieved by a violation of this Act to maintain a civil action for damages and equitable relief against the appropriate Governmental authorities. States that a good faith reliance on a court order issued pursuant to this Act or the Foreign Intelligence Surveillance Act of 1978 shall constitute a complete defense to any action brought under this Act. Prohibits the use of an item in any hearing or proceeding if such item was disclosed or intercepted in violation of this Act. States that a good faith reliance on a court order issued pursuant to this Act or the Foreign Intelligence Surveillance Act of 1978 shall constitute a complete defense to any action brought under this Act.

Bill· HRH.R. 5582 (96th)referred

Fair Insurance Information Practices Act

United States · United States Congress · 12 October 1979

Fair Insurance Information Practices Act - Sets forth the circumstances and the persons to whom individually identifiable personal information may be disclosed by an insurance institution, agent, or support organization. Requires such institutions and agents to notify the insurance applicant or claimant of their information collection and disclosure practices prior to collecting personal information about an individual. Specifies the manner in which personal information may be collected. Requires insurance institutions, agents, or support organizations to make personal information in their control available to the individual concerned. Specifies the procedures to be followed. Permits specified information to be withheld from an individual in specified circumstances. Gives the individual concerned the right to have errors corrected and misrepresentations amended according to specified procedures. Requires insurance institutions or agents to notify individuals subject to an adverse underwriting decision of the reasons for such decision and the individual's rights. Sets forth circumstances in which the notice requirements do not apply. Declares that the individual's exercise of the rights under this Act shall not affect the individual's eligibility for insurance benefits. Sets forth civil and criminal penalties for violations of this Act. Authorizes the principal State insurance regulatory official to enforce this Act. Provides for this Act to take effect one year after enactment. Amends the Privacy Act of 1974 to exempt insurance records contained in a system of records from specified provisions of such Act, if such records are maintained by an agency or organization subject to this Act. Sets forth provisions concerning the disclosure of personal information by an insurance institution, agent, or support organization pursuant to some compulsory legal process.

Bill· HRH.R. 5571 (96th)referred

Product Liability Risk Retention Act of 1979

United States · United States Congress · 12 October 1979

Product Liability Risk Retention Act of 1979 - Title I: Risk Retention Groups - Directs the Secretary of Commerce to promulgate standards for the approval of risk retention groups. Defines such groups as entities formed to assume or spread the liability of two or more persons arising from products liability claims or defective construction claims. Enumerates standards which the Secretary may consider in approving any such group including the amount and liquidity of its assets, soundness of its reserves, adequacy of its insurance coverage, and its overall plan of operations. Sets forth factors to be included in a group's application for approval. Authorizes the Secretary to conduct audits of the applicant. Sets forth limitations on the risk coverage afforded to any one person in the group. Authorizes the Secretary to make approval conditional as necessary. Requires any refusal of approval to specify the factual conclusions and legal authority upon which it is based. Authorizes the Secretary to require a group to set a maximum amount of risk which it will accept. Requires such a group's participants to obtain insurance for losses in excess of such maximum limitations. Establishes requirements for the terms of such insurance coverage. Prohibits a group from assuming liability for any person other than its members or its members' affiliates. Permits a group to assume liability which arises from an agreement of hold harmless or indemnity between a member and its supplier, purchaser, or consignee. Requires all or a portion of an individual's product liability or completed operations risk exposure to be assumed by the group. Sets forth requirements concerning the return of a withdrawing member's capital contribution. Prohibits such groups from acquiring reinsurance from its members or affiliates. Prohibits a group from making non-pro-rata assessments or retroactive adjustments based on the loss experience of a member. Directs the Secretary to require each group to maintain reserves which it shall hold as a fiduciary for the benefit of claimants against its members. Prohibits a group from having any interest in the securities or debts of its members or their affiliates. Requires each group to submit annual reports to the Secretary. Declares that this Act shall preempt any State law relating to the formation, operation, or provision of insurance-services to risk retention groups. Stipulates that this Act shall not effect the authority of a State to tax risk retention groups. Applies Federal antitrust laws to such groups. Exempts the ownership interests of such groups from the securities laws. Limits the use of information obtained pursuant to this Act. Permits the Secretary to require data concerning the product liability claims experience of such groups. Authorizes the Secretary to audit each group and to require each group to engage an independent accountant to examine its books, records, and financial statements. Requires each group to pay an application fee and annual fees to cover supervisory expenses of the Secretary. Authorizes the Secretary to revoke the certificate of approval of a risk retention group. Enumerates the circumstances in which such authority may be exercised. Requires that all hearings to revoke a group's certificate of approval be held in the District of Columbia. Exempts such hearings from requirements of law relating to agency adjudications. Empowers the United States District Court for the District of Columbia to hear appeals from orders of the Secretary issued pursuant to this Act. Requires the proceeds from a group's reinsurance policies to be paid to the group's receiver or other appropriate judicial officer if the group is adjudged insolvent. Title II: Group Purchase of Product Liability and Completed Operations Insurance - Exempts any group seeking to purchase liability insurance, its members, or any person who provides such insurance from any State law which restricts group insurance or would prohibit or discriminate against the application of this Act. Title III: Miscellaneous Provisions - Declares that this Act shall not be deemed to affect State tort law. Directs the Secretary to issue rules and regulations and to take all other actions necessary or appropriate to implement this Act.

Bill· HRH.R. 5559 (96th)referred

Fair Financial Information Practices Act of 1979

United States · United States Congress · 12 October 1979

Fair Financial Information Practices Act of 1979 - Title I: To Amend the Fair Credit Reporting Act - Privacy Protection Amendments of 1979 - Amends the Fair Credit Reporting Act to revise the definition of consumer report to include those prepared in connection with insurance transactions, governmental benefits, and business transactions. Broadens the exemptions from such definition. Specifies those services or agencies that are not considered to be consumer reporting agencies. Sets forth the agencies and persons to whom a consumer reporting agency may furnish a consumer report. Raises the amounts involved in transactions which make consumer credit reports exempt from the provision prohibiting the inclusion of specified information in such reports. Requires consumers to be notified prior to the procurement or preparation of an investigative consumer report on such consumer. Requires specified information be given to applicants for insurance concerning such reports. Directs persons who procure or cause to be prepared such reports to make a complete disclosure, at the request of the consumer, of the nature and scope of the investigation requested. Directs credit reporting agencies or independent authorization services to notify consumers of impermissible uses of consumer reports. Directs such agencies to assure that file items reflect good faith exercises by consumers of their rights. Prohibits such agencies from requiring a quota of reports. Requires regular reporters of consumer information to agencies to ensure the accuracy of their information. Describes the information that must be given to a requesting consumer. Permits such agencies or services to withhold: (1) third party medical information, if it discloses the same to a medical professional designated by the consumer; (2) identifying information of any noninstitutional source of information in specified circumstances; and (3) codes used to ensure the security of a reporting system. Requires disclosures be made during specified hours and by specified means depending on the circumstances. Directs such agencies or services to provide trained personnel to explain any information to the consumer. Revises the procedures to be followed by consumers or creditors disputing the accuracy or completeness of any item of information contained in a file. Establishes: (1) time limits for the consumer reporting agency to reinvestigate such disputes; and (2) notification requirements concerning the results of such reinvestigations. Requires consumer reports to be furnished free of charge to consumers notified of an adverse credit rating pursuant to this Act or the Fair Authorization Information Practices Act. Directs consumer reporting agencies furnishing a consumer report for employment purposes to transmit a copy of such report to the individual to whom it relates. Requires every investigative consumer report containing adverse information to be in writing. Requires users of consumer reports to disclose the address of any consumer reporting agency which prepared a report resulting in adverse action, as well as the reasons for such action. Prohibits agencies from using interviews to obtain information about a consumer in which the interviewer misrepresents the purpose of the interview or his or her identity. Sets forth the civil damages to which a consumer is entitled for willful noncompliance with this Act. Increases the criminal penalties for obtaining information under false pretenses and unauthorized disclosures. Provides criminal penalties for alterations of consumer reports. Directs the Federal Reserve Board to prepare a model summary of consumers' rights under this Title. Gives enforcement authority for this Title to the Federal Trade Commission. Provides for these amendments to take effect one year after enactment. Title II: Fair Credit Information Practices - Fair Credit Information Practices Act - Sets forth the persons to whom and the circumstances under which a creditor may disclose individually identifiable information collected or maintained in connection with a credit transaction. Requires creditors to notify consumers of their: (1) credit information collection and disclosure practices; and (2) use or disclosure of individually identifiable information for marketing purposes. Sets limits on a creditor's information collection practices. Requires consumers to be given specified information in the event of an adverse credit decision. Gives the consumer the right of access to credit information on which an adverse decision is based. Sets forth the procedure to be followed if a consumer disputes the accuracy or completeness of any item of information. Requires creditors to notify another creditor, consumer reporting agency, debt collector, or independent authorization service of any inaccurate information reported to such parties. Directs the Board of Governors of the Federal Reserve System to prescribe regulations pertaining to notice and adverse credit decisions. Provides for the enforcement of this Act by the Federal Trade Commission unless otherwise specified. Sets forth civil and criminal penalties for violations of this Act. Requires consumers to be served with a copy of any legal process requesting information pertaining to such consumer. Permits consumers to contest the disclosure of such information. Amends the Equal Credit Opportunity Act to deem compliance with this Act as being in compliance with the Equal Credit Opportunity Act. Provides for this Act to take effect one year after enactment. Title III: Fair Authorization Information Practices - Fair Authorization Information Practices Act - Specifies the parties to whom individually identifiable information may be disclosed by an independent authorization service. Sets forth the duties of such services and their subscribers. Provides a procedure to be followed when a consumer disputes the accuracy or completeness of any item of information. Makes such services liable to consumers adversely affected as a result of inaccurate information or information obtained in violation of this Act which is maintained by such service. Provides for this Act to take effect one year after enactment. Title IV: Fair Debit Information Practices - Fair Debit Information Practices Act - Sets forth the circumstances and the persons to whom individually identifiable information maintained in connection with a depository service may be disclosed by a depository institution. Requires depository institutions to notify the customer, applying for the provision of any depository service, of information disclosure practices. Grants enforcement authority to the Federal Trade Commission, unless otherwise specified. Provides civil and criminal penalties for violations of this Act. Permits depository institutions to disclose to a party to civil litigation information pertaining to a customer who is also party to the litigation, if such disclosure is pursuant to some compulsory legal process. Requires customers to be notified of such process if they are not parties to the proceeding. Permits such customers to contest the disclosure of the information. Provides for this Act to take effect one year after enactment. Title V: Fair Insurance Information Practices - Fair Insurance Information Practices - Fair Insurance Information Practices Act - Sets forth the circumstances and the persons to whom individually identifiable personal information may be disclosed by an insurance institution, agent, or support organization. Requires such institutions and agents to notify the insurance applicant or claimant of their information collection and disclosure practices prior to collecting personal information about an individual. Specifies the manner in which personal information may be collected. Requires insurance institutions, agents, or support organizations to make personal information in their control available to the individual concerned. Specifies the procedures to be followed. Permits specified information to be withheld from an individual in specified circumstances. Gives the individual concerned the right to have errors corrected and misrepresentations amended according to specified procedures. Requires insurance institutions or agents to notify individuals subject to an adverse underwriting decision of the reasons for such decision and the individual's rights. Sets forth circumstances in which the notice requirements do not apply. Declares that the individual's exercise of the rights under this Act shall not affect the individual's eligibility for insurance benefits. Sets forth civil and criminal penalties for violations of this Act. Authorizes the principal State insurance regulatory official to enforce this Act. Provides for this Act to take effect one year after enactment. Exempts personal information maintained by an insurance institution from the Privacy Act of 1974. Sets forth provisions concerning the disclosure of personal information by an insurance institution, agent, or support organization pursuant to some compulsory legal process.

Bill· HRH.R. 5401 (96th)referred

National Center of Afro-American History and Culture Act

United States · United States Congress · 25 September 1979

National Center of Afro-American History and Culture Act - Establishes the National Afro-American History and Culture Commission which shall: (1) be responsible for the development of a definitive plan for the construction and operation of the National Center for Afro-American History and Culture; and (2) solicit subscriptions of funds from private sources to help meet costs of the construction, furnishing, and operation of the center, including the costs of acquiring works of art and artifacts. Allows the Commission to: (1) acquire by gift, purchase with appropriated or donated funds, transfer from any Federal or State agency, exchange, or otherwise acquire suitable land and interest in land in the vicinity of Wilberforce, Ohio, for the location of the headquarters of the center; (2) acquire appropriate works of art and any other real or personal property necessary for the establishment and operation of the center; and (3) sell, exchange, or otherwise dispose of any property acquired and designate any proceeds from such disposal for the benefit of the center. Authorizes the Secretary of the Interior to acquire by donation or purchase with donated or appropriated funds the Colonel Charles Young Home and adjacent lands in Wilberforce, Ohio, not to exceed 80 acres, which when acquired shall be known as the Wilberforce National Historic Site.

Bill· HJRESH.J.Res. 392 (96th)referred

A joint resolution authorizing and requesting the President to issue a proclamation designating the week of January 21 through January 27, 1979, as "Junior Achievement Week".

United States · United States Congress · 6 September 1979

Authorizes and requests the President to designate the week of January 21 through January 27, 1979, as "Junior Achievement Week" in honor of the sixtieth anniversary of Junior Achievement, an organization dedicated to the American enterprise system and service to youth.