United States · United States Congress · 11 July 1979
Environmental Emergency Response Act - Defines containment as the onsite actions taken in the event of a discharge or release or significant threat of discharge or release of a hazardous substance from a hazardous substance disposal site to prevent or minimize such discharge or release. Defines hazardous substance as: (1) any hazardous substance so designated by the Clean Water Act; (2) any hazardous waste having the characteristics identified under or listed pursuant to the Solid Waste Disposal Act; (3) any toxic pollutant listed under the Clean Water Act; (4) any hazardous air pollutant listed under the Clean Air Act; (5) any imminently hazardous chemical substance or mixture as defined by the Toxic Substances Control Act; (6) any substance or mixture designated as a hazardous substance by the President pursuant to this Act; or (7) any element, substance, compound, or mixture which after release into the environment and upon exposure, ingestion, inhalation or assimilation into any organism, directly or indirectly, will or may reasonably be anticipated to cause death, physical or behavioral malfunction or disease. Directs the President to promulgate and revise regulations designating as hazardous substances, in addition to those defined above, such elements and compounds which, if released in a determined quantity into the environment, may present substantial danger to the public health or environment. Prohibits the discharge of any hazardous substance in violation of the Clean Water Act or the release or disposal of such substances which may affect the natural resources belonging to, appertaining to, or under the exclusive management authority of the United States. Directs any person in charge of any vessel or onshore or offshore facility which is discharging, releasing, or disposing of a hazardous substance to immediately notify the appropriate agency of the United States Government of such discharge, release, or disposal. Establishes criminal penalties for failing to provide such notice. Requires any person subject to liability for a noncomplying waste disposal site to notify the Administrator of the Environmental Protection Agency (EPA) within a specified period of: (1) the existence of such site; (2) the amount and type of hazardous substances to be found at such site; and (3) the likelihood of discharge or release of such substances from such site. Establishes criminal penalties for failing to provide such notice. Precludes such persons from any limitation or defense of liability to which they would otherwise be entitled. Prohibits such persons from knowingly rendering unavailable or unreadable any record relating to the to the site or any hazardous substances contained or deposited therein. Authorizes the Administrator to establish and enforce such control or removal requirements as are deemed appropriate to protect the public health and environment from any hazardous substance disposal site not in compliance. Authorizes the President to take any emergency response measure including removal or containment, necessary to protect the public health or the environment whenever a hazardous substance is discharged or released into the environment, unless it is determined that the owner or operator of the source of the release will properly remove such substance. Directs the President, within a specified period, to revise and republish the National Contingency Plan for the removal of oil and hazardous substances to reflect and effectuate the responsibilities and powers created by this Act. Specifies that such revision include a National Hazardous Substance Disposal Site Response Plan, such plan to include: (1) methods for discovering and investigating such sites; (2) methods for evaluating and containing any actual or threatened discharges or releases from such sites which pose a substantial danger to the public health or the environment; (3) methods and criteria for determining the appropriate extent of emergency response, containment, and other measures authorized by this Act; (4) appropriate roles and responsbilities for various governmental and nongovernmental entities in effectuating the Plan; (5) provision for response equipment and supplies; and (6) provision for reporting the existence of and any releases of hazardous substances from sites which may be located on federally-owned or controlled properties. Authorizes the Administrator to require any person involved in activities which may present a danger to public health or the environment related to the handling, storage, treatment, transportation, or disposal of any hazardous substance to take any necessary actions to ascertain the nature and extent of such danger, or to bring suit in the appropriate United States district court to require any such person to take such actions. Makes the owner or operator of a vessel or an onshore or offshore facility from which a hazardous substance is discharged jointly and severally liable for specified damages resulting from such discharge, with specified exceptions. Authorizes the President or the authorized representative of a State to act on behalf of the public as trustee of any natural resources damaged or lost as a result of such discharge and to recover for such damages. Stipulates that each department, agency, or instrumentality of the executive, legislative, and judicial branches of the Federal Government shall be subject to and comply with this Act. Imposes liability upon any generator or transporter of any hazardous substance for such discharge by the facility which was the source of the discharge if such generator or transporter could have reasonably anticipated such discharge. Imposes punitive damages upon the owner or operator of a hazardous substance disposal site for failure to properly provide emergency response or containment upon request of the President. Establishes in the United States Treasury a Hazardous Substance Response Fund to be constituted from specified fees, and all moneys recovered on behalf of the Fund or recovered or collected under the Clean Water Act. Requires manufacturers, importers, and generators of hazardous substances to pay fees on each unit of hazardous substance produced, manufactured, or imported into the United States and each unit of hazardous waste generated. Authorizes the Secretary of the Treasury to promulgate rules and regulations relating to the collection of such fees, and sets forth civil and criminal penalties for violation of such regulations. Authorizes the Secretary to invest any excess of the Fund in interest-bearing special obligations of the United States. Directs the President to issue notes or other obligations to the Secretary in the event the moneys available in the fund are inadequate to meet the obligations of the fund. Directs the Administrator of EPA, the Commandant of the Coast Guard, and the Comptroller General to conduct a study of possible incentives to safer operation of vessels and facilities to reduce the potential of discharges or releases of hazardous substances, and of measures to prevent or avoid the occurrence of such discharges. Sets forth the purposes for which Fund moneys may be used. Authorizes the President to delegate his duties under this Act to the heads of appropriate Federal agencies, departments, and instrumentalities. Directs the President to establish a national priority system for responding to releases of hazardous substances and a system whereby States affected by such discharges may act to provide emergency response and be reimbursed for reasonable costs incurred thereof. Directs the President to notify an owner, operator, or guarantor of a vessel or an offshore or onshore facility of any allegation as to costs incurred for removal or damages resulting from the discharge of a hazardous substance for which such person would be liable under this Act. Sets forth procedures for the disposition of claims resulting from such discharges. Establishes a six year statute of limitation for claims presented or actions commenced under this Act. Subrogates to the United States Government all rights of a claimant to recover the costs of removal or damages from the person responsible for a hazardous substance discharge prior to payment of any claim by the Fund. Subrogates any person, including the Fund, who pays compensation pursuant to this Act to any claimant for damages or removal costs, to all rights, claims, and causes of action for such damages and removal costs of such claimant. Directs the Attorney General, upon request of the President, to commence on action on behalf of the Fund to recover any compensation paid by the Fund to any claimant pursuant to this Act. Directs the President, acting through the Administrators of the EPA and the National Oceanic and Atmospheric Administration and the Director of the Fish and Wildlife Service, to issue regulations for the assessment of damages for injury to or loss of natural resources resulting from a discharge of hazardous substances. Directs the Comptroller General to provide for auditing of all payments and other uses of the Fund. Requires owners and operators of vessels carrying hazardous substances and of onshore and offshore facilities to establish and maintain evidence of financial responsibility in an amount consistent with the risks associated with the transportation, treatment, storage, or disposal of hazardous substances. Imposes civil penalties on such persons for failure to comply with such requirements. Authorizes judicial review of any regulation issued under this Act only in the United States Circuit Court of Appeals for the District of Columbia. Grants jurisdiction to the United States district courts over all controversies arising under this Act. Makes conforming amendments to the Clean Water Act. Transfers to the Fund one-half of any sums appropriated under the oil and hazardous substances liability provisions of such Act and all of the sums appropriated under the emergency powers provisions of this Act. Terminates the authority to establish and collect fees under this Act on October 1, 1986.
United States · United States Congress · 11 July 1979
Classified Information Procedures Act - Sets forth pretrial, trial, and appellate procedures for criminal cases involving classified information. Requires a court, on its own motion or on the motion of any party, to hold a pretrial conference to consider matters relating to classified information or which may promote a fair and expeditious trial. Directs the court, upon the request of the Government, to issue a protective order with respect to any classified material disclosed to the defendant. Requires a defendant who reasonably expects to disclose classified material in any trial or pretrial proceeding to notify the Government attorney and the court in writing. Allows the Government upon such notification to move for a hearing, to be held in chambers upon certification by the Government that classified information might be compromised in a public proceeding. Requires the Government to provide the defendant upon his or her request with a bill of particulars as to the portions of the indictment or information which the defendant identifies as related to the classified information at issue in the hearing. Directs the court following such hearing to determine in writing as to each item of classified information whether and the manner in which the information at issue may be used in a pretrial or trial proceeding. Requires upon determination by the court that the information may not be disclosed that the record of the hearing be sealed and preserved in the event of an appeal. Allows the defendant to seek reconsideration prior to or during trial. Authorizes the court to order (instead of disclosure): (1) substitution of a statement admitting relevant facts that the specific classified information would tend to prove; or (2) substitution of a summary or portion of a specific classified information. Directs the court to issue any order which is required in the interest of justice if: (1) the court determines that such alternatives to full disclosure may not be used; and (2) the Government objects to the disclosure by proper affidavit. Directs the court to order the Government to provide the defendant with information to rebut the classified information, upon a determination that classified information may be disclosed. Allows the Government to make an interlocutory appeal to a court of appeals from a decision of the district court: (1) requiring disclosure; (2) imposing sanctions for nondisclosure; or (3) refusing a protective order by the United States to prevent disclosure. Sets forth an expedited procedure for consideration of such an appeal. Allows writings, recordings, and photographs containing classified information to be admitted into evidence without change in their classification status. Authorizes the court to take measures to prevent unnecessary disclosure of classified information in admitting such information into evidence. Directs the court, following an objection by the Government to a question or line of inquiry requiring a witness to disclose classified information not previously found to be admissible, to take suitable action to determine whether the response will safeguard against the compromise of any classified information. Directs the Chief Justice, in consultation with the Attorney General, the Director of Central Intelligence, and the Secretary of Defense, to prescribe security procedures for protection of classified information submitted to Federal courts. Amends the Jencks Act to allow a summary to be substituted for the statement which the Government is required to give the defense relating to testimony by Government witnesses, where portions of such statement contain classified information. Requires the Government, in any prosecution in which it must establish that material relates to the national defense or constitutes classified information, to notify the defendant of the material upon which it reasonably expects to rely. Directs the Attorney General to: (1) issue guidelines specifying the factors to be used by the Department of Justice in deciding whether to prosecute a violation of Federal law in which there is a possibility that classified information will be revealed; and (2) transmit such guidelines to the appropriate congressional committees. Requires the Department to prepare written findings of the reasons for deciding not to prosecute any such decision, including specified information. Directs the Attorney General to make available all such findings to the congressional intelligence committees.
United States · United States Congress · 10 July 1979
Federal Courts Improvement Act of 1979 - Title I: Governance and Administration of the Federal Courts - Sets forth rules governing the appointment and terms of the chief judges of the courts of appeals and the district courts. Provides that any such chief judge shall serve for a seven-year term and shall be the circuit or district judge in regular active service who is senior in commission of those judges who: (1) are under 65 years of age (currently 70); (2) have served for at least one year; and (3) have not served previously as chief judge. Requires that a majority of the members of a circuit panel be judges of the circuit on which the panel sits. Specifies rules governing the membership of the councils of the circuit judges. Authorizes a council to hold hearings, to take sworn testimony, and to issue subpoenas to perform its functions. Allows Federal judges: (1) who reach age 65 and 15 years service (continuous or otherwise); or (2) who reach age 70 and ten years service (continuous or otherwise), to retire or resign at salary (the current requirement is age 70 with ten years continuous service). Directs the Administrative Office of the United States Courts to pay the amount due as a deposit for civil service retirement purposes for a period of judicial service which immediately precedes government service. Authorizes any retired justice or any Federal judge in active, senior, or retired status to be temporarily assigned to the position of Administrative Assistant to the Chief Justice, Director of the Administrative Office of the United States Courts, or Director of the Federal Judicial Center, and to resume active service after vacating such office. Requires publication of the rules for the conduct of the business of each court of appeals. Directs each court of appeals to appoint an advisory committee for the study of its rules of practice and internal operating procedures. Title II: Jurisdiction and Procedure - Authorizes a Court of Appeals to permit an interlocutory appeal from a district court decision (that is, a decision which is not final), after the district judge refuses to recommend such appeal as provided for in current law, where the Court of Appeals determines that the appeal is required in the interests of justice and because of the extraordinary importance of the case. Directs a Federal court to transfer any action with respect to which it finds a want of jurisdiction to any other appropriate Federal court, if it is in the interest of justice. Revises the interest rate allowed on money judgments in district courts, and authorizes the court to add to the sum of actual damages prejudgment interest. Title III: Appellate Structure for Patent, Trademark, Customs, and Trade Appeals - Establishes the United States Court of Appeals for the Federal Circuit, consisting of 12 judges (who shall be the judges of the Court of Claims and the Court of Customs and Patent Appeals on the effective date of this Act), composed of all Federal judicial districts, and having exclusive jurisdiction over: (1) patent, trademark, and unfair competition appeals from district courts; (2) claims against the United States, with specified exceptions; (3) appeals from the United States Claims Court; (4) other specified patent and trademark appeals; (5) appeals from final judgments of the United States Customs Court and interlocutory appeals under certain circumstances; and (6) certain other appeals with respect to the Federal Aviation Act, the International Trade Commission, the Secretary of Commerce, the Plant Variety Act, and the Merit Systems Protection Board. Replaces the Court of Claims with the United States Claims Court, consisting of 16 judges serving 15-year terms. Sets forth rules governing the salaries, terms, assignment, expenses, and removal from office of such judges, and the administration of such court. Abolishes the Court of Customs and Patent Appeals. Gives the district courts original jurisdiction of Federal civil tax actions and certain other claims against the United States. Specifies the jurisdiction of the United States Claims Court, including any claim against the United States founded upon the Constitution, Act of Congress, or administrative regulation, except such Acts or regulations providing for internal revenue. Sets forth United States Claims Court procedures. Title IV: Tax Appellate Structure - Establishes the United States Court of Tax Appeals, consisting of 12 judges (who shall be designated by the Chief Justice from the circuit courts of appeals), composed of all Federal judicial circuits, and having exclusive jurisdiction over all Federal civil tax appeals. Title V: Technical and Conforming Amendments Outside of Title 28 Relating to the United States Court of Appeals for the Federal Circuit and the United States Court of Tax Appeals - Makes technical and conforming amendments. Title VI: Effective Date - Makes the provisions of this Act effective two years after the date of enactment, with specified exceptions.
United States · United States Congress · 10 July 1979
Amends the National Labor Relations Act to provide that the duty to bargain collectively includes bargaining with respect to retirement benefits for retired employees.
United States · United States Congress · 27 June 1979
Taxpayer Protection and Reimbursement Act - Title I: Amendments to Internal Revenue Code of 1954 - Amends the Internal Revenue Code to award reasonable court costs, including attorneys' fees, to the prevailing party (other than the United States or a creditor of the prevailing party) in any civil action in any court of the United States for the determination, collection, or refund of any tax, interest, or penalty imposed under the Internal Revenue Code. Limits the amount of such award to $20,000 for any one civil action. Includes within the definition of "attorneys' fees" amounts paid to an individual who is not an attorney, but who is authorized to practice before the Tax Court. Defines "prevailing party" as a party who recovers all, or all but an insignificant portion of the amount in controversy in a civil tax proceding, or whose position is sustained as to all, or all but an insignificant portion, of the issues involved, and who establishes that the position of the United States in the civil action was unreasonable. Disallows costs and attorneys' fees for certain civil actions involving declaratory judgments. Title II: Amendments to Title 28 - Incorporates into title 28 (Judiciary and Judicial Procedure) of the United States Code the amendments set forth in title I of this Act.
United States · United States Congress · 27 June 1979
International Health Act of 1979 - Title I: International Health Subcommittee of the Development Coordination Committee - Amends the Foreign Assistance Act of 1961 to establish the International Health Subcommittee of the Development Coordination Committee which is to develop a comprehensive Federal International Health Plan. Sets forth the duties of the Subcommittee in developing such Plan. Provides for Subcommittee employment and compensation. Title II: Office of International Health - Amends the Public Health Service Act to establish an Office of International Health within the Department of Health, Education, and Welfare to be responsible for international health activities. Directs the Secretary to establish within the Public Health Service: (1) International Health Fellowships; (2) International Health Service; and (3) programs to support international health centers and international health programs in U.S. academic institutions. Title III: The Hubert H. Humphrey Fund - Establishes the Hubert H. Humphrey Fund for International Health as a nonprofit corporation. Sets forth provisions regarding a Board of Directors, officers, and employees. Stipulates that such Fund shall facilitate the improvement in the health status of people in developing countries. Requires the Fund to report annually to the President and Congress concerning its operations.
United States · United States Congress · 27 June 1979
Stipulates that the Senate shall note Friday, June 29, 1979, as a day of recognition for the National Association for the Advancement of Colored People.
United States · United States Congress · 25 June 1979
Industrial Equipment Efficiency Act of 1979 - Amends the Energy Policy and Conservation Act to direct the Secretary of Energy to prescribe standards, labeling rules, or guidelines for each standard classification of industrial equipment, as determined by the Secretary, where such standards, rules, or guidelines would result in: (1) improvements in energy efficiency which are technologically feasible and economically justified with respect to such class; and (2) significant energy savings. Sets forth the factors the Secretary must consider in determining what is economically justified, including: (1) the economic impact of such standards on the manufacturers and purchasers of the equipment subject to such standard; (2) the savings in operating costs over the life of the equipment; (3) the lessening of the utility or the performance of the equipment likely to result; (4) the impact on competition; and (5) the need of the Nation to conserve energy. Requires manufacturers of industrial equipment to submit to the Secretary any information or reports considered necessary to assist in establishing test procedures, labeling rules, or energy efficiency standards. Directs the Secretary to prescribe testing procedures and a labeling rule within nine months of completing the industrial equipment classification. Directs the Secretary to prescribe energy efficiency standards for certain classes of industrial equipment at varying times after the promulgation of test procedures and labeling rules for such classes. Sets forth the procedures the Secretary must follow in promulgating such standards, including notice requirements and the opportunity for public comment. Directs the Secretary to submit to the Congress, within two years of the enactment of the National Energy Conservation Act of 1978, a report on improvements in energy efficiency of industrial equipment. Establishes civil monetary penalties for violations of rules promulgated pursuant to this Act. Vests jurisdiction for such violations in the appropriate United States district court. Exempts industrial equipment manufactured, sold, held or intended for export from the labeling requirements and/or standards prescribed by this Act. Prohibits the import of industrial equipment not in compliance with such requirements, except as the Secretary of Treasury may authorize. Establishes an appeals process for those persons adversely affected by such requirements. Authorizes appropriations for fiscal years 1980, 1981, and 1982 to carry out the purposes of this Act.
United States · United States Congress · 25 June 1979
Trucking Competition and Safety Act of 1979 - Title I: Economic Regulation and Antitrust Immunity - Directs the Interstate Commerce Commission in carrying out its functions with respect to motor carriers of property and freight forwarders to consider the following as being in the public interest: (1) maximum reliance on competitive market forces to provide transportation services; (2) the improvement of truck safety; (3) reduced concentration of market power; (4) the reduction of regulatory barriers to entry into the industry; (5) the encouragement of entry to and additional service for small and isolated communities; and (6) strengthening of smaller carriers to ensure efficient service and to promote competition. Stipulates that, where a motor carrier's certificate authorizes the carrier to provide transportation between any two points but only in one direction, or between points but without authority to make intermediate stops, the Commission shall revise such authority to permit transportation between the two points in either direction and to permit intermediate stops. Authorizes a motor carrier providing regular route service to automatically add to its authority on a yearly basis in accordance with procedures and standards developed by the Commission which will emphasize increasing opportunities for new or better service to smaller and isolated communities and which will be so structured as to minimize the need for Commission intervention. Directs the Commission to develop a program to allow motor carriers of property to provide more direct service between any points authorized in their certificate, regardless of any gateway or route requirements in such certificates. Prohibits the Commission from requiring carriers to serve a single shipper or plant, or from requiring that a carrier provide transportation via a designated route or through a designated locality. Directs the Commission to provide for the gradual phaseout over a three year period of all Commission restrictions on commodities or categories of commodities that may be carried by motor carriers of property. Authorizes a motor carrier to petition the Commission to remove a commodity restriction, to broaden the categories that the carrier may transport or to allow it to provide transportation over a less circuitous route or in a less costly fashion. Directs the Commission to approve such an application within 90 days unless it is proven by an opponent to the application that such a change is not consistent with the public convenience and necessity as determined by this Act. Revises the conditions for certification of motor carriers of property. Stipulates that a finding that an application for certification is consistent with the public convenience and necessity shall not be required in order to provide service between points not served by another certified motor carrier of property, to provide service as a substitute for abandoned rail service, or to transport shipments weighing no more than 500 pounds. Directs the Commission in determining whether service is consistent with the public convenience and necessity to disregard any possible diversions of revenues or traffic of other carriers. Directs the Commission to accord substantial weight in favor of an application where such service would be reasonably likely to: (1) lower the applicant's average operating costs; (2) improve the applicant's equipment utilization, fuel efficiency, or service; (3) meet user or consumer preference; (4) improve service to small communities; or (5) generally improve the competitive climate of the area to be served. Places the burden of showing that an application for service is inconsistent with the public convenience and necessity on an opponent of such application. Places restrictions on the right of a motor carrier of property to challenge such applications. Sets forth time limits during which the Commission must reach a decision on such applications. Stipulates that if a decision is not reached within such period the application shall be deemed so granted. Exempts, with specified exceptions, motor vehicles controlled by cooperative associations from the Commission's jurisdiction. Exempts from the Commission's jurisdiction: (1) food and edible products whether processed or not which are intended for human consumption; (2) livestock and poultry feed; (3) agricultural seeds, plants, limestone, soil conditioners, fertilizers, and chemicals; and (4) farm tractors and farm machinery. Authorizes the Commission to make further exemptions if such an exemption is consistent with the transportation policy set forth in this Act. Authorizes contract carriers of property to establish through routes and joint rates with other carriers. Stipulates that with regard to applications to become a motor contract carrier or freight forwarder the applicant shall have the burden of showing that he or she is fit, willing, and able to perform such service. Stipulates that in determining whether or not the application is consistent with the public interest and national transportation policy, the opponent, if any, shall have the burden of proof. Sets forth a range of rate increases and decreases for motor common carriers of property or freight forwarders which the Commission may not find to be unreasonable. Sets forth factors which the Commission is to take into account when prescribing a rate, classification, rule, or practice for transportation or service by carriers or freight forwarder. Stipulates that the Commission may only investigate motor carrier rates upon complaint. Makes rate bureaus for motor carriers of property and freight forwarders subject to the antitrust laws. Prohibits the Commission from suspending any proposed rate increase or decrease if such proposed new rate falls within the zone of reasonable rates established by this Act. Prohibits the Commission from suspending any other proposed rate changes unless it can be shown by a verified complaint of a person that the complainant would incur substantial injury without such a suspension and that it is likely that the complainant will prevail on the merits. Limits such a suspension to a maximum period of three months. Stipulates that with respect to rates filed before January 1, 1984, the Commission may not require more than 15 days prior notice of any rate change by a motor common carrier of property or freight forwarder. Authorizes the Commission to reduce such time period if it finds that such a reduction would be in the public interest. Stipulates that after January 1, 1984, all such rates may become effective upon publication. Prohibits the Commission from approving consolidation, merger, or acquisition of control agreements with respect to motor carriers of property if the Commission finds that as a result of such a transaction there is likely to be a substantial lessening of competition, creation of a monopoly, or a restraint of trade unless the Commission finds that the anticompetitive effects of the transaction are outweighed by significant transportation needs that cannot be satisfied by a reasonably available alternative having materially less anticompetitive effects. Removes the Commission's jurisdiction with regard to such transactions five years after the enactment of this Act. Exempts from the Commission's jurisdiction motor transportation to and from a domestic air carrier that is part of a combined surface and air movement of freight. Removes entry and rate controls over truckload motor carriers two years after the effective date of this Act. Directs the Secretary of Transportation, in cooperation with the Interstate Commerce Commission and the Department of Justice, to prepare and submit to Congress by January 1, 1983, a report on the implementation of this Act and whether continued regulation of the trucking industry is required. Removes the Commission's authority over securities for motor carriers of property. Title II: Commercial Motor Vehicle Safety - Directs the Commission to seek the advice of the Secretary of Transportation with regard to the safety-related aspects of whether a person is fit, willing, and able to provide transportation services. Stipulates that the Commission shall be bound by the Secretary's determination. Stipulates that this requirement shall not apply to transportation brokers or water carriers. Sets forth time limits and procedures regarding such determinations by the Secretary. Authorizes the Secretary to suspend the transportation authority of individuals who, because of safety-related matters, are no longer fit, willing, and able to provide transportation services. Sets forth procedural requirements for such suspensions. Provides for judicial review of determinations made by the Secretary pursuant to this Act. Authorizes the Secretary to promulgate regulations regarding safety-related aspects of transportation services. Directs the Secretary to establish rules, regulations, and standards to assure the safe operation of commercial motor vehicles. Authorizes the Secretary to conduct such research, development, demonstration, and training activities as may be necessary to develop such rules and regulations. Grants the Secretary the authority to enter upon, inspect, and examine facilities, equipment, operations, and records without advance notice to carry out the Secretary's responsibilities under this Act. Requires a warrant for such an entry or inspection except under specified circumstances. Sets forth procedures and requirements for obtaining such warrants. Sets forth civil and criminal penalties for violations of this title, violations of regulations issued under this Act, or violations of any other regulations administered by the Bureau of Motor Carrier Safety. Authorizes a State to regulate commercial motor vehicle safety unless the Secretary has adopted a rule, regulation, standard, or order regulating that aspect of motor vehicle safety. Authorizes a State to adopt additional or more stringent regulations so long as they do not create an undue burden on interstate commerce and are not incompatible with Federal regulations. Requires the Secretary to timely investigate nonfrivolous complaints alleging material violations of commercial vehicle safety rules or regulations. Prohibits an employer from discriminating against an employee for making such a complaint, for testifying with regard to such a complaint, or for refusing to operate a vehicle where such operation would constitute a violation of Federal motor carrier safety standards. Authorizes the Secretary to make grants to States for the development or implementation of programs for the enforcement of Commercial motor vehicle safety standards. Authorizes appropriations for fiscal years 1981, 1982, and 1983 to carry out such grant program. Title III: Miscellaneous - Sets forth the effective date of this Act.
United States · United States Congress · 21 June 1979
Truck Safety Act - Stipulates that the provisions of this Act shall apply to all commercial motor vehicles over 10,000 pounds gross vehicle weight rating (except vehicles engaged in farming or logging operations). Directs the Secretary of Transportation to establish, maintain, and monitor safety rules and regulations to assure that: (1) commercial motor vehicles are safely maintained, equipped, loaded, and operated; (2) the responsibilities imposed upon drivers of such vehicles do not impair a driver's ability to operate such vehicle safely; and (3) the health and physical condition of such drivers will be adequate to enable them to drive the vehicles they operate. Directs the Secretary to regulate the working conditions and operating practices of employees of commercial motor vehicle carriers and to establish safety and health regulations with regard to such individuals. Directs the Secretary to conduct research, development, demonstration, and training activities to develop such rules and regulations. Authorizes the Secretary to require persons subject to this Act to maintain such records and make such reports as are necessary to insure compliance with this Act. Authorizes the Secretary to prescribe the manner, type, and frequency of medical examinations to be provided by an employer to employees exposed to health or safety hazards. Authorizes the Secretary to conduct investigations and inspections without notice to enforce this Act. Requires the Secretary to timely investigate nonfrivolous complaints alleging a material violation of safety or health rules or regulations. Sets forth civil and criminal penalties for such violations. Provides for judicial review of final orders with respect to such alleged violations. Prohibits an employer from discriminating or taking punitive actions against employees who complain of health or safety violations, who participate in any proceeding regarding such alleged violations, or who refuse to operate a vehicle when to do so would materially violate motor carrier safety violations. Requires States which agree to enforce this Act to submit an enforcement plan to the Secretary for approval. Sets forth requirements which must be included in any such plan. Authorizes appropriations, out of the Highway Fund for each fiscal year, of such sums as are required to provide incentive assistance to States to develop institute such enforcement plans. Requires the Secretary to submit annual reports to the Congress regarding current plans to upgrade commercial motor vehicle safety and driver safety and health. Directs the Secretary to submit a report to Congress within 12 months regarding the advisability of establishing a national commercial vehicle driver register to upgrade safety through improved monitoring of traffic accidents and violations and of multiple State licensing. Authorizes the Secretary to exempt State commercial motor vehicle safety standards or regulations from the provisions of this Act under specified conditions. Authorizes appropriations in such sums as Congress may deem necessary to carry out the provisions of this Act.
United States · United States Congress · 18 June 1979
Directs that the sorrow and regret felt by the Senate at the announcement of the death of the Honorable Leverett Saltonstall, late a Senator from Massachusetts, be communicated to the House of Representatives and the family of the deceased. Directs the President of the Senate to appoint a committee to attend the funeral. Declares that when the Senate recesses, it does so as a further mark of respect to the deceased.
United States · United States Congress · 14 June 1979
Elderly and Disabled Food Stamp Amendments of 1979 - Amends the Food Stamp Act of 1977 to allow for households containing a member who is 60 years of age or over or who receives supplemental security benefits under title XVI of the Social Security Act: (1) an excess medical deduction for that portion of the actual cost of allowable medical, dental, and other specified health care costs in excess of $35 a month, adjustable semi-annually to reflect changes in the Consumer Price Index; (2) an additional dependent care deduction; and (3) an additional excess shelter expense deduction, without the $75 ceiling.
United States · United States Congress · 14 June 1979
Establishes the Boston Harbor National Recreation Area, and describes its boundaries. Directs the Secretary of the Interior to establish a Commission to prepare a plan for the development, maintenance, and management of the recreation area within one year after enactment. Authorizes the appropriation of not to exceed $200,000 for each fiscal year for the preparation of such plan. Requires the plan to include recommendations: (1) for the development of public recreational facilities; (2) for the preservation of significant natural and historic resource areas; (3) for expanded public water access to and between the Boston Harbor Islands; and (4) for the identification of the units of State or local government which will be responsible for implementing the plan. Prohibits the plan from proposing an expenditure of Federal funds in excess of $20,000 (exclusive of funds available under any existing Federal plan) for such implementation. Requires the Commission to submit its plan to the Secretary within one year after its establishment. Specifies the standards and procedure for approval or disapproval of such draft plan. Establishes a special account in the Treasury of the United States to hold moneys for grants to State or local governmental units implementing such plan. Requires that $20,000,000 from revenues due and payable to the United States under the Outer Continental Shelf Lands Act or under the Act of June 4, 1920 (41 Stat. 813) be covered into such account.
United States · United States Congress · 13 June 1979
Stipulates that if the percentage of motor vehicles exceeding 55 miles per hour in a State exceeds 25 percent that State's Federal-aid highway apportionment shall be reduced by 20 percent (previously if the percentage of vehicles exceeding such limit was greater than 60 percent the State's apportionment would be reduced by five percent).
United States · United States Congress · 13 June 1979
Residential Energy Audit Act of 1979 - Amends the National Energy Conservation Policy Act to require a residential building owner offering his building for sale to make a copy of the energy unit audit report on such building available to the purchaser, if the building is served by a utility offering a residential energy conservation program, and is financed by any institution the deposits of which are insured by a Federal agency. Prohibits any such financial institution from providing financing for the purchase of a residential building served by such a utility unless such institution has received a current energy audit report on the building.
United States · United States Congress · 13 June 1979
Residential Furnace Improvement and Cost Savings Act of 1979 - Amends the National Energy Conservation Policy Act to require the Secretary of Energy to publish in the Federal Register a list of energy conservation retrofit devices found to improve energy efficiency of home heating and cooling devices and which can qualify for the residential energy credit provisions of the Internal Revenue Code. Requires manufacturers of home heating devices to issue procedures for the modification of home heating devices to permit the utilization of energy conservation retrofit devices. Directs the Secretary to invite State governors to submit plans for the certification of contractors qualified to install such devices, and sets forth criteria for such certification plans. Prohibits, after January 1, 1981, the financing of the sale of any residential building by any financial institution whose deposits are insured by any agency of the Federal Government without: (1) State or Federal certification that the home heating devices contained in such building (a) has been modified by the installation of an energy conservation retrofit device, or (b) meets minimum efficiency standards established by the Department of Energy; and (2) evidence of a contract to retrofit a home heating device in such a building. Imposes a fine of not less than $2,500 for the failure of the new owner of a residential building to make such modifications to the building's heating device. Directs the Secretary to make grants to each State having an approved contractor certification plan for the costs of administration of such plan. Directs the Secretary to establish a Federal program to carry out the provisions of this Act in States which do not have approved certification plans. Directs the Secretary, in coordination with other relevant agencies, to establish a program of assistance for low-income residential building owners to assist them in obtaining the energy conservation retrofit devices required under this Act. Authorizes the appropriation of funds necessary to carry out the purposes of this Act.
United States · United States Congress · 13 June 1979
Industrial Equipment Efficiency Act of 1979 - Amends the Energy Policy and Conservation Act to direct the Administrator of the Federal Energy Administration to prescribe standard, labeling rules, or guidelines for each standard classification of industrial equipment, as determined by the Secretary of Energy, where such standards, rules, or guidelines would result in: (1) improvements in energy efficiency which are technologically feasible and economically justified with respect to such class; and (2) significant energy savings. Sets forth the factors the Administrator must consider in determining what is economically justified, including: (1) the economic impact of such standards on the manufacturers and purchasers of the equipment subject to such standard; (2) the savings in operating costs over the life of the equipment; (3) the lessening of the utility or the performance of the equipment likely to result; (4) the impact on competition; and (5) the need of the Nation to conserve energy. Requires manufacturers of industrial equipment to submit to the Administrator any information or reports considered necessary to assist in establishing test procedures, labeling rules, or energy efficiency standards. Directs the Administrator to prescribe test procedures for each standard classification before promulgating any rule requiring energy efficiency labeling or establishing energy efficiency standards. Authorizes the Administrator to promulgate labeling guidelines for the use of manufacturers of a class of industrial equipment wherever it is determined that mandatory labeling rules are not likely to be necessary to encourage the availability of information concerning energy efficiency. Stipulates that either mandatory labeling rules or guidelines, where appropriate, be promulgated within three years of the enactment of the Energy Conservation Act of 1979. Directs the Administrator to prescribe energy efficiency standards for certain classes of industrial equipment at varying times after the promulgation of test procedures and labeling rules for such classes. Sets forth the procedures the Administrator must follow in promulgating such standards, including notice requirements and the opportunity for public comment. Directs the Administrator to submit to the Congress, within two years of the enactment of the Energy Conservation Act of 1979, a report on improvements in energy efficiency of industrial equipment. Establishes civil monetary penalties for violations of rules promulgated pursuant to this Act. Vests jurisdiction for such violations in the appropriate United States district court. Exempts industrial equipment manufactured, sold, held or intended for export from the labeling requirements and/or standards prescribed by this Act. Prohibits the import of industrial equipment not in compliance with such requirements, except as the Secretary of Treasury may authorize. Establishes an appeals process for those persons adversely affected by such requirements. Authorizes appropriations for fiscal years 1980, 1981, and 1982 to carry out the purposes of this Act.
United States · United States Congress · 12 June 1979
Work and Training Opportunities Act of 1979 - Amends the Comprehensive Employment and Training Act (CETA) to provide financial assistance to States for the conduct of job search assistance programs run by the States and Native American entities; and (2) federally assisted work and training opportunities, beyond such eight-week programs, run by State and local CETA prime sponsors and Native American entities. Directs the Secretary of Labor to apportion funds for search assistance programs among State and Native American entities according to specified criteria, including the relative numbers of recipients of aid to families with dependent children (AFDC) under the Social Security Act in each State and in geographical areas within each State. Limits Federal assistance for such State programs to 90 percent of costs. Requires that eligible individuals for such programs be (1) adults in families which meet AFDC eligibility standards or (2) registered under the work incentive program (WIN) of the Social Security Act. Requires that job search program services provided through cooperative arrangements between States and local CETA prime sponsors include: (1) instruction in job search techniques; (2) group job search activities; (3) private sector job development; (4) referrals to unsubsidized jobs; (5) supportive services, such as child care, transportation, and medical care; (6) short term remedial services; (7) employability development planning; and (8) referral of eligible individuals to federally-assisted work or training after an eight-week job search period or continuing job search assistance for individuals not so placed or not so eligible. Directs the Governor of each State requesting assistance for such programs to submit a comprehensive State plan to the Secretary. Sets forth criteria for such plans. Directs the Secretary, after consulting the Secretary of Health, Education, and Welfare, to approve such plans and annual program modifications thereof only if certain criteria are met. Requires that such plans and modifications be prepared and developed with the active participation of the State employment and training councils established under CETA, all local CETA prime sponsors, and specified State agencies. Permits prime sponsors to appeal to the Secretary if dissatisfied with arrangements for such programs in their areas. Directs the Secretary, in cases of nonexistent or unapproved State plans or unsatisfactory implementation of State or area programs to make direct payments to public agencies or private nonprofit organizations to carry out such programs in such States or areas. Directs the Secretary to issue certain regulations for such programs only after the Secretary of Health, Education, and Welfare agrees to such regulations. Directs the Secretary to apportion funds for federally assisted work and training opportunities among State and local CETA prime sponsors and Native American entities according to specified criteria, including the relative numbers of AFDC recipients in each area served by such prime sponsors. Require that eligible participants for such work and training positions: (1) have participated in a job search program for the prior eight weeks; (2) have not refused a bona fide job offer since the beginning of the job search period; and (3) be the principal earner in a family with a child. Limits administrative and related costs of such opportunity programs to 20 percent of costs. Requires remaining funds to be used for wages (including training time compensation) and employment benefits to persons placed in such positions. Stipulates that such federally assisted work and training opportunities shall include: (1) public service employment; (2) vocational, remedial, and on-the-job training positions in the private sector; (3) supportive services; (4) flexible working arrangements; (5) provision for return to a similar work and training position after absence due to incapacity or a short-term job; and (6) referrals to other private or public employment. Limits individual participation in such subsidized work or training positions to a maximum of 78 weeks, renewable upon completion of another eight-week job search. Requires prime sponsors receiving such financial assistance to include satisfactory provisions for such work and training opportunities in their CETA comprehensive plans and to make arrangements with the job search assistance program to assure a continuous sequence of services for participating individuals. Directs the Secretary to prescribe standards and procedures for determining whether an individual has refused a bona fide job offer without good cause. Sets forth certain conditions under which an individual shall not be found to have so refused such an offer. Directs the Secretary to apportion 62.5 percent of CETA funds currently available to prime sponsors for specified employment programs to provide public service employment for certain individuals from welfare eligible families.
United States · United States Congress · 7 June 1979
Directs the Joint Economic Committee to: (1) undertake an emergency study of the current state of the economy and of the problems relating thereto, with special reference to productivity; and (2) provide the Congress with specific recommendations for legislation to remedy the existing ills and improve the performance of the economy. Directs the joint committee to report its findings and recommendations to the Senate not later than December 31, 1980. Authorizes funds, not to exceed $150,000, to carry out the purpose of this resolution.
United States · United States Congress · 6 June 1979
Administrative Practice and Regulatory Control Act of 1979 - Title I: Improving the Regulatory Process - Provides for the promulgation by an agency of an emergency rule without the provision of public notice and an opportunity for public participation. Defines the term "emergency rule" for purposes of this Act. Amends current agency rulemaking procedure to establish additional requirements for a "significant rule" which is defined as one which is expected to have an annual impact on the economy of at least $100,000,000. Requires an agency proposing any significant rule to: (1) publish in the Federal Register an advance notice of the proposed rulemaking inviting public comment; (2) include in the general notice of such rulemaking statements soliciting alternative approaches to the regulatory objective and describing the paperwork requirements of the proposed rule; and (3) allow at least 60 days for public comment. Authorizes the agency to hold informal public hearings and to create advisory councils to resolve controversies concerning such proposed rule. Directs each agency to publish with any final significant rule: (1) a description of new paperwork requirements; (2) the differences between the proposed and final rule; (3) the significant comments made concerning the rule; and (4) an explanation of why alternatives were rejected. Requires each agency to maintain a file of information on each rulemaking proceeding. Specifies the contents of such file which include: (1) any information which the agency is required to make public; and (2) a record of the source, recipient, and content of any communication with the agency regarding the proposed rule. Directs each agency to: (1) publish a report every five years on the extent of compliance with significant rules; and (2) establish an agenda for reviewing the compliance with and effectiveness of such rules. Authorizes the Administrative Conference of the United States to provide attorneys' fees and other financial assistance to participants in agency proceedings if: (1) the participant is expected to contribute substantially to the fair disposition of the proceeding; (2) the monetary benefit to such person is small in comparison to the costs involved; (3) the person lacks sufficient resources to participate without such award; and (4) the participation of such person is authorized by agency practice or regulation. Title II: A Procompetitive Standard for Federal Agencies - Prohibits any Federal agency from: (1) regulating or licensing entry under a scheme when such entry is limited; (2) setting levels for or otherwise controlling the prices, production, or distribution of goods or services; or (3) controlling the terms of agreements among providers and purchasers of goods or services unless the agency finds such an action to be the least anticompetitive alternative for achieving a statutory goal. Requires each agency to establish procedures for notifying the Attorney General of any plans for such an action. Directs the Federal Trade Commission to report annually to the President and Congress on agency compliance with this title. Title III: Review of the Effectiveness of and Continuing Need for Government Regulation - Directs the President to establish a Committee on Regulatory Evaluation to advise the President concerning the reform of regulation by Federal agencies. Specifies the composition of the Committee and the compensation of Committee members. Requires the Committee to meet at least twice a year. Requires the President to submit to Congress according to a specific schedule a report and proposed legislation concerning the regulatory reform of certain agencies. Specifies objectives for regulatory reforms. Stipulates that such report: (1) examine the impact of each agency's regulatory activities; (2) compare the agency's regulatory policies to those of other agencies; and (3) analyze the validity of tax expenditures affecting industry. Sets forth House and Senate procedure for considering such reform legislation. Title IV: The Administrative Conference of the United States - Changes the term of office of the Chairman of the Administrative Conference of the United States to a four year term which coincides to the term of the President. Stipulates that at least one-fourth of the members of the Conference appointed by the Chairman shall be representatives of regulated interests. Sets forth new functions of the Conference which include: (1) creating a uniform subject matter filing index to be used by agencies and the Code of Federal Regulations; and (2) establishing a clearinghouse to coordinate agency activities for improving the effectiveness of Government regulation. Directs the Conference to establish a Committee on Administrative Procedure to draft procedural rules for agency rulemaking proceedings and adjudications. Stipulates that such rules be designed to enhance public participation in agency proceedings. States that such rules shall be binding on all agencies if approved by the Conference. Title V: Consolidation of Regulatory Reform Functions - Transfers to the Chairman of the Administrative Conference: (1) from the Comptroller General, responsibility for reviewing agency reporting requirements and information gathering practices to assure agencies are not duplicating efforts; and (2) from the Administrator of General Services, responsibility for the custody, printing, and distribution of documents required to be published in the Federal Register, and responsibility for reviewing and establishing administrative guidelines for advisory committees utilized by a Federal agency. Title VI: Miscellaneous Provisions - States the effective dates of provisions of this Act.
United States · United States Congress · 6 June 1979
Social Welfare Reform Amendments of 1979 - Title I: Aid to Families with Dependent Children; Assistance to Meet Emergency Needs; Earned Income Credit - Amends part A (Aid to Families with Dependent Children, hereinafter AFDC) of title IV of the Social Security Act to provide that, in determining the income and resources of individuals claiming AFDC: (1) the first $70 per month of earned income plus one-third of the remainder of such income shall be disregarded from the earned income of any child or relative receiving AFDC; and (2) a certain amount of the total income, as determined by a formula set forth in this Act, shall be disregarded. Defines the term "income" for purposes of part A to include all income from whatever source, excluding certain items, including: (1) the cost of producing self-employment income and 20 percent of wages, salary, or self-employment income; and (2) an amount of earned income equal to the monthly cost of care for a child up to a limit of $160 per month. Requires that specified portions of the income of the stepparents of a dependent child be included as income for purposes of determining eligibility under part A. Repeals provisions of part A which: (1) require AFDC payments to be reduced by any unemployment compensation received by a child's parent; (2) require that training incentives and income derived from a special work project under the Work Incentive Program (WIN) be disregarded in determining eligibility under part A based on income; and (3) require that in determining an individual's needs, the additional expenses attributable to participation in the WIN program shall be taken into account. Provides for the payment of reasonable work expenses, in addition to the incentive payment already authorized, under the WIN program. Excludes such work expenses and incentive payments from income under any Federal or federally assisted program. Directs the Secretary of Health, Education, and Welfare to prescribe the types and maximum allowable amounts of financial resources which an eligible AFDC family may own. Stipulates that such maximum may be not less than $750 nor more than $1,750. Excludes from such resources, among other things: (1) any licensed vehicle but only such portion of the fair market value that is below $4,500; (2) a home; (3) burial plots; (4) household goods and personal effects; and (5) resources of which the cash value cannot be readily realized. Prohibits the imposition of a lien against the property of any individual because of AFDC aid received. Prohibits an individual from receiving AFDC benefits for specified periods if within 24 months of applying for benefits such individual disposed of property having an uncompensated value of more than $3,000 and which, if retained, would have caused such individual to be ineligible for benefits. Eliminates the term "unemployed father" and substitutes the term "unemployed parent. Repeals the requirement, in the case of a dependent child of an unemployed parent, that such parent must have been employed for at least six out of 13 work period quarters in the period ending one year prior to applying for benefits. Stipulates that only the "principal earner" need register for manpower services, training, and employment as a condition of eligibility for AFDC. Permits a State to pay reduced benefits, in the case of an AFDC child living with a relative who is not legally responsible for such child, based upon the costs of shelter and utilities for such child. Includes within the definition of AFDC payments to a pregnant woman who, following the child's birth, would become eligible for AFDC. Requires a State plan to cover the parent of a dependent child who lives in the same home as the child, and, both parents, if the child is deprived by reason of the incapacity or unemployment of one parent. Sets forth a formula for determining monthly AFDC payments based in part on a family's "monthly cash needs standard." Directs each State to establish a monthly cash needs standard for a family with dependent children such that, for any such family with no income other than AFDC payments the monthly cash needs standard plus the value of the monthly allotment of food stamp coupons shall equal an amount that is not less than 65 percent of the income poverty guidelines for a family with the same number of members as such family. Permits a State to vary its monthly cash needs standard so as to take into account differences in the cost of living in different geographical regions of the State. Defines the term "income poverty guidelines. Directs a State to pay benefits for a specified period to an AFDC applicant who is presumptively eligible if a determination of eligibility cannot be made within 30 days of an application for benefits. Requires a State to replace a lost or stolen check within ten days from the date replacement was requested. Requires a State to provide a fair hearing to any applicant whose claim for AFDC benefits is denied. Sets forth State plan requirements concerning: (1) the effective date of the application; (2) the period for determination of eligibility; (3) the time of the month at which payment must be made; and (4) an annual review of eligibility. Permits an individual to refuse employment yet remain eligible for AFDC if acceptance of such employment would result in a reduction of such individual's income. Authorizes appropriations under part C (Work Incentive Programs) of title IV to be made directly to the Secretary of Labor. Requires a State to provide an administrative system for coordinating employment and training services required by title IV and similar services of the Comprehensive Employment and Training Act (CETA). Sets forth provisions relating to the coordination of the WIN and CETA programs. Establishes a national committee to coordinate such programs. Requires a State, under part A of title IV, to provide "assistance to meet emergency needs" to an AFDC or low-income family with children faced with extraordinary expenses or needs caused by or arising from an accident, natural disaster or other unpredictable event. Directs the Secretary of the Treasury to increase the Federal payment to a State, according to a specified formula, for AFDC payments in the case of a child deprived of parental support due to: (1) the death, absence, or incapacity of a parent; or (2) the unemployment of a parent. Directs the Secretary to pay to a State for fiscal years 1982-1986 an amount equal to the excess of the State's "allowable expenditures for AFDC" if such expenditures exceed 95 percent of the State's "fiscal liability base." Provides for a declining proportion of the amount paid in FY 1986 to be paid to a State for FY's 1987 through 1989. Defines the terms "allowable expenditures for AFDC" and "fiscal liability base." Permits a State to increase its "allowable expenditures for AFDC" according to guidelines set forth in this Act. Directs the Secretary of Health, Education, and Welfare to issue regulations pertaining to the administration of the aid to families with dependent children program. Directs the Secretary of the Treasury to pay to a State, under part A: (1) 90 percent of the expenditures for development of mechanized claims processing and information retrieval systems to provide for the effective administration of the State plan under such part; and (2) 75 percent of State expenditures for the operation of such systems. Authorizes the Secretary of Health, Education, and Welfare to grant funds to assist a State agency in meeting the cost of developing and implementing systems, techniques, or other innovative approaches designed to improve the administration of an AFDC plan. Stipulates that such funds will be available only to a State agency that demonstrates a substantial likelihood of achieving comprehensive improvements in the administration of a State plan. Requires a State AFDC plan to provide for: (1) the recovery of aid incorrectly paid; (2) the payment of aid incorrectly denied or underpaid; and (3) the cooperation of all State agencies administering AFDC plans in reviewing case records and providing information to identify AFDC recipients who are receiving AFDC benefits in more than one State and benefits under any other federally supported program. Amends part A (General Provisions) of title XI of the Social Security Act to direct the Secretary of Health, Education, and Welfare to develop measures for monitoring and assessing the performance, at least annually, of the effectiveness of the requirements for the approval of a State AFDC plan. Sets forth amendments relating to incentive payments made to a State with a low rate of erroneous AFDC payments. Amends title XIX (Medicaid) of the Social Security Act to restrict automatic eligibility of AFDC recipients for Medicaid benefits in any month to: (1) an individual who had been eligible for such benefits on the basis of receipt of AFDC in one of the four months preceding such month; or (2) an individual who would qualify for AFDC on the basis of low income without deducting specified earnings which may be disregarded in determining eligibility for AFDC. Amends the Internal Revenue Code to provide that when determining whether an individual is self-supporting or supported by another individual, or is maintaining a household, any benefit provided under any public assistance program used for the support of the individual or for the maintenance of the household shall not be taken into account. Increases the tax credit allowed on earned income not in excess of $5,000. Excludes from earned income earnings performed in a public service job if such earnings are paid in whole or in part from funds provided under title II (Comprehensive Employment and Training Services) of CETA. Title II: Supplemental Security Income - Amends title XVI (Supplemental Security Income) of the Social Security Act to direct the Secretary of Health, Education, and Welfare to make to an SSI recipient, in addition to the SSI benefits currently provided, a cash payment in lieu of food stamps to an eligible individual who lives alone or with other eligible individuals. States that an individual shall cease to qualify for SSI as an eligible spouse after a couple has been living apart for more than one month. States that a husband and wife who are living in the same medical care facility shall be considered to be living apart for the purposes of title XVI. Includes renumeration received for services performed in a sheltered workshop or work activities center as earned income, for the purpose of determining eligibility under title XVI based on income. Excludes a burial plot, certain burial expenses, and certain unearned income received in the form of real or personal property from the resources of an individual when determining the eligibility of such individual for SSI. Increases the amount of the cash advances available to an individual who is presumptively eligible for SSI and who is faced with a financial emergency. Permits an individual, if hospitalized outside the United States, to remain eligible for SSI if the foreign hospital was substantially more accessible than the nearest hospital within the United States. Repeals the definition of the term "child" for purposes of the SSI program and deletes the use of such term from the program. Substitutes conditions of age and occupation for the use of the term "child. Repeals the requirement that a State pay a mandatory supplement to an SSI recipient who was a recipient in December 1973. Prohibits an individual from receiving SSI benefits for specified periods if within 24 months of applying for benefits such individual disposed of property having an uncompensated value of more than $3,000 and which if retained would have caused such individual to be ineligible for benefits. Provides that when an individual who was represented by an attorney obtains a favorable judicial decision in a claim for past-due SSI benefits, the court may allow as part of the judgment a fee for such representation not to exceed 25 percent of such benefits. Provides that eligibility and the benefit amount for SSI will be determined on a monthly rather than quarterly basis. Specifies situations in which optional supplementation of SSI benefits may be authorized. Requires that SSI benefits received during the period in which an individual's application for benefits under title II (Old Age, Survivors, and Disability Insurance) of the Social Security Act is pending be recovered from any payment of OASDI benefits which is made retroactive to the date of application. Directs the Secretary to establish procedures for the prompt replacement of SSI benefit checks which have been lost, stolen, destroyed, or not delivered within two mail delivery days following the day regularly designated for delivery. Title III: Amendments Applicable to Two or More Programs Under the Social Security Act - Sets forth provisions establishing time periods within which claims for Federal reimbursement to a State for expenditures under the Social Security Act must be made. Amends title VII (Administration) of the Social Security Act to authorize expenditures from any or all of the Trust Funds for the administrative costs of carrying out the OASDI and Medicare (title XVIII) programs. Requires that such sums be transferred from the Trust Funds to separately identified accounts in the Treasury. Increases from $4,000,000 to $20,000,000 the amount available under part A of title XI to make additional Federal payments to States for certain demonstration projects under the Act. Deletes the requirement that all experimental and demonstration projects under the Act financed from Federal funds be personally approved by the Secretary or the Under Secretary. Amends titles I (Old Age Assistance and Medical Assistance), IV part A, X (Aid to the Blind), XIV (Aid to the Permanently and Totally Disabled), and XVI of the Act to provide for a Federal matching rate of 75 percent of the sums expended under the State plans of Puerto Rico, the Virgin Islands, and Guam. Doubles the applicable funding limitations for such payments as set forth in title XI part A for fiscal years 1972 and thereafter, with the exception of fiscal year 1979 which shall remain the same. Amends the Immigration and Nationality Act to prohibit an immigrant from entering the country unless: (1) there is in effect with respect to such immigrant an agreement providing that an approved sponsor shall furnish such financial support as is necessary to prevent the immigrant from qualifying for SSI benefits, AFDC, or other public assistance based on need for the five years following the entry of such immigrant into the United States; (2) such immigrant has other means to support himself or herself; or (3) such immigrant is a political refugee. States that such agreement shall be excused if: (1) the sponsor dies or becomes bankrupt; (2) the immigrant is under age 65 and becomes blind or disabled after entering the United States; or (3) the sponsor cannot fulfill the agreement due to circumstances that were not forseeable at the time the agreement was made. Amends title III (Unemployment Compensation Administration) of the Act to set forth provisions concerning the disclosure of information relating to unemployment compensation which an individual has applied for, is receiving, or has received. Amends the Internal Revenue Code to permit officers and employees of the Social Security Administration to disclose tax return information disclosed to them to officers and employees of the Department of Health, Education, and Welfare or to an appropriate State agency for the purpose of determining eligibility for benefits or the amount of such benefits under specified programs of the Social Security Act. Title IV: Child Support Enforcement - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to authorize appropriations for the enforcement of support obligations owed by absent parents not only to their children, as is presently provided for, but also to the spouse, or former spouse, with whom such child is living. Makes permanent the requirement that a State plan provide child support collection or paternity determination services to an individual not otherwise eligible for such services under the plan. Permits a State, for purposes of determining eligibility for AFDC, to disregard for up to three consecutive months support payments received under part D of title IV. Prohibits payments to a State for child support services under part D of title IV unless the State submits to the Secretary a report specifying: (1) the amount of child and spousal support collected and disbursed; and (2) all expenditures made with respect to such services.
United States · United States Congress · 24 May 1979
Energy Antimonopoly Act of 1979 - Amends the Clayton Act to prohibit any entity, or subsidiary thereof, which produced or had an interest in a total of 35,000,000 barrels of crude oil, condensate, and natural gas liquids in 1975 from acquiring control or a majority of the assets of any other entity whose assets exceed $100,000,000.
United States · United States Congress · 22 May 1979
Amends title XIX (Medicaid) of the Social Security Act to provide Medicaid coverage for care and services provided during pregnancy and for 60 days following the termination of pregnancy to any woman whose resources do not exceed specified limitations.
United States · United States Congress · 17 May 1979
Mental Health Systems Act - Sets forth the findings and purposes of this Act. Title I: Meeting the Needs of the Chronically Mentally Ill - Authorizes the Secretary of Health, Education, and Welfare to make grants to any State Agency (designated under the State plan pursuant to title VI of this Act): (1) for specified projects, including the planning and coordination of mental health and support services, identifying State-level barriers to the availability of such services to the chronically mentally ill, and improving the competency of mental health service personnel; and (2) for payments to any Core Service Agency (a public or nonprofit private entity designated by the State Agency to develop and promote mental health and support services to priority population groups) for such projects and additional activities, including educational and information services. Title II: Prevention of Mental Illness - Authorizes the Secretary to make grants to any State Agency for specified projects, including the planning and coordination of mental illness prevention activities, information services and demonstration projects related to mental illness prevention, and inservice and other training of health personnel in mental illness prevention measures. Title III: State Mental Health Systems Improvement - Authorizes the Secretary to make grants to any State Agency to improve the administration of mental health programs. Title IV: Community Mental Health Services - Authorizes the Secretary to make grants to public or nonprofit private entities: (1) to prepare for providing mental health services (but only one grant not to exceed $75,000 may be made with respect to a mental health services area); (2) for projects providing mental health services to one or more priority population groups (with preference given to an entity serving an area which has no community mental health center); (3) for projects to develop comprehensive mental health services; (4) which are ambulatory health care centers or are affiliated with such centers and provide emergency, outpatient, and consultation and education services; (5) for the provision of mental health services which generally do not generate revenues; and (6) for projects to provide continued mental health services. Title V: Pilot Projects for State Administration of Grants - Authorizes the Secretary to enter into an agreement with any State Agency for a demonstration project under which such Agency will pay the Federal funds due to entities for activities authorized by title IV of this Act or for assistance to Core Service Agencies and will perform other agreed-upon functions. Title VI: Requirements for Participation; Authorizations - Requires a State to have in effect a mental health services plan which is consistent with the State health plan prepared in accordance with title XV of the Public Health Service Act (National Health Planning and Development) in order for the State Agency or any entity in such State to be eligible for grants under this Act. Specifies the content of such plans. Directs the Secretary to prescribe quality standards for mental health services. Allows grants to be made under title IV of this Act to any Indian tribe or urban Indian organization for projects serving members of such tribe or organization. Amends title III of the Public Health Service Act (General Powers and Duties) to require individuals who receive a clinical traineeship in psychology, psychiatry, nursing, or social work with respect to mental health to serve, at the rate of one year for each year of the traineeship: (1) in a State mental institution; (2) for any entity eligible for a grant under title IV of this Act; (3) in a health manpower shortage area; or (4) in other service as determined by the Secretary. Title VII: Miscellaneous - Prohibits the appropriation of funds under the Community Mental Health Centers Act (other than for rape prevention and control) after September 30, 1979.
United States · United States Congress · 17 May 1979
Nuclear Energy Reappraisal Act of 1979 - Directs the Nuclear Regulatory Commission to cease the issuance of nuclear powerplant construction permits until the Congress determines that specified issues relating to powerplant safety and security, radioactive waste disposal, and related areas are resolved and Congress enacts legislation specifically renewing the Commission's authority to issue such permits.
United States · United States Congress · 17 May 1979
Confers subpoena power upon the Presidential Commission appointed to investigate the Three Mile Island nuclear powerplant accident to require the attendance and testimony of witnesses and the production of evidence relating to the accident. Permits the issuance of an order for the inspection of the powerplant at Three Mile Island.
United States · United States Congress · 15 May 1979
Department of Justice Appropriation Authorization Act, Fiscal Year 1980 - Authorizes appropriations for fiscal year 1980 to carry out the activities of the Department of Justice.
United States · United States Congress · 15 May 1979
Amends title XX (Grants to States for Services) of the Social Security Act to authorize payments to States for the cost of emergency shelter or services provided to an adult in danger of physical or mental injury, neglect, maltreatment, or exploitation.
United States · United States Congress · 14 May 1979
Youth Employment Initiatives Act of 1979 - Amends the Comprehensive Employment and Training Act (CETA) to establish a Prime Sponsor Initiative Program to provide incentives to CETA prime sponsors and others to train, employ, and place for subsequent employment 16 to 21 year old youths who: (1) are out of school; (2) have been unemployed for at least eight weeks immediately prior to eligibility determination; (3) are unemployed at the time of such determination; and (4) have a family income no greater than 70 percent of the lower living standard income level. Allocates, from sums available for such program: (1) 80 percent to prime sponsors; (2) five percent to Governors; (3) at least two percent for Native American Youths; (4) at least two percent for youth in migrant and seasonal farmworker families; and (5) the remainder for discretionary projects of the Secretary of Labor. Allocates, for fiscal years 1981 and 1982, amounts available for prime sponsors and Governors among the States according to a formula based on the number in each State of: (1) unemployed persons; (2) unemployed persons residing in areas of substantial unemployment; and (3) persons in families with annual incomes below the low-income level. Directs the Secretary to use the best available data in determining such allocations. Allocates, for fiscal years 1983 and for succeeding fiscal years thereafter, amounts available for prime sponsors including special State programs and sponsors of Native American programs so that each such sponsor shall receive: (1) $400 for each month that each eligible participant spends in an authorized program; (2) $2,000 for each eligible former participant who has (a) been employed in at least three out of four of the quarters following completion of the program or (b) returned to school and completed a grade of schooling in the four quarters or the next school year following completion of the program; and (3) $500 for each eligible former participant who receives a wage of over 75 percent of the average industrial wage in the area or of over 1.2 times the minimum wage, whichever is higher, in the year following completion of the program. Requires that such sums be adjusted annually to reflect changes in the national average industrial wage. Directs the Secretary to increase the sum for employed former participants to adjust for certain increased difficulties in placement. Requires ratable reduction of such allocations in any fiscal year according to appropriations for such year and ratable increase of such reduced amounts whenever additional funds become available. Directs the Secretary to select for such programs only prime sponsors assuring that: (1) only economically disadvantaged youth will be served; (2) certain required wage levels will be met; (3) participants have experienced certain severe handicaps in obtaining employment; (4) participating youth are not relatives of those hiring them; (5) certain additional training by employers meet certain wage standards; and (6) special efforts will be made to recruit youth from families receiving public assistance, including parents of dependent children. Requires that funds for special State programs and for seasonal farmworker programs be used in accordance with specified plans, approved by the Secretary, for specified purposes. Requires Government agencies to provide employment, unemployment, and wage information on former program participants for fund allocation purposes. Sets forth certain wage standards for employment programs under this Act. Limits the CETA Youth Employment and Training Program to in-school youth. Authorizes appropriations for necessary sums for fiscal years 1981 through 1984 to carry out all CETA Youth Programs.
United States · United States Congress · 14 May 1979
National Library Act - Title I: National Library Agency - Establishes a National Library Agency as an independent executive agency. Sets forth such Agency's functions, including programs of financial assistance and interlibrary exchanges, research, and cooperation. Title II: Library Services - Authorizes a program of grants to States for library services. Requires States to submit a basic plan and an annual program to be eligible for such grants. Requires any State wishing to participate in any grant program under this Act for any fiscal year to: (1) have in effect a basic State plan; (2) submit an annual program; (3) submit a long-range program; and (4) establish a State Advisory Council on Libraries. Sets forth required criteria and guidelines for such programs and Advisory Council. Title III: Public Library Construction - Authorizes a program of grants to States for public library construction. Requires States to submit a basic plan and long-range program to be eligible for such grants. Title IV: Public Library Programs to Meet Special User Needs - Authorizes a program of grants to States for public library programs to meet special user needs. Requires States to submit a basic plan, a long-range program, and an annual program to be eligible for such grants. Title V: Interlibrary Cooperation - Authorizes a program of grants to States for interlibrary cooperation programs. Requires States to submit a basic plan, long-range program, an annual program to be eligible for such grants. Title VI: Library Personnel Development - Authorizes a program of grants to States for library personnel development. Requires States to submit a basic plan, a long-range program, and an annual program to be eligible for such grants. Title VII: Miscellaneous Provisions - Repeals the Library Services and Construction Act, effective as of October 1, 1979.
United States · United States Congress · 7 May 1979
Amends the Atomic Energy Act of 1954 to allow parties injured by a nuclear accident to recover damages in excess of the limits on liability imposed by such Act according to the ordinary rules of tort law.
United States · United States Congress · 3 May 1979
Drug Regulation Reform Act of 1979 - Title I: Amendments to Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act to expand the definition of "person" subject to the coverage of the Act to include an agency of government. Establishes civil penalties for any violation of such Act and criminal penalties for negligent commission of prohibited acts. Requires any new drug to meet standards of identity, stability, and bioavailability, as well as of strength, quality, and purity. Requires drug manufacturers and distributors to prepare information labeling for patients containing: (1) a summary of the benefits and risks of use of a drug; (2) adequate directions for use; and (3) information about proper storage and handling. Requires pharmacies to keep a book available to patients containing the labeling information for the 100 most frequently sold prescription drugs. Authorizes the Secretary of Health, Education,and Welfare to require retail drug sellers to post the retail prices of designated prescription drugs. Requires manufacturers and distributors to prepare information labeling for practitioners regarding indications, contraindications, and other pertinent matters. Directs the Secretary to afford private organizations the opportunity to prepare, publish, and distribute an index of all prescription drugs and revisions thereof; and if, at the end of three years following enactment, no private index is forthcoming, to prepare one with drugs arranged by diagnostic and therapeutic categories and listed by established name. Permits the Secretary, by order, to require adequate notification to patients, practitioners, and all other necessary persons regarding any substantial risk of illness or injury posed by a drug, if such notification is an effective means to eliminate or reduce such risk. Authorizes the Secretary to disseminate information regarding the safety, effectiveness, and proper use of drugs, and to determine therapeutically equivalent or nonequivalent prescription drugs. Specifies requirements for any promotion labeling issued by or on behalf of a drug manufacturer or any other person under whose proprietary name the drug is distributed. Prohibits the provision of any services or transfer of any property worth more than $5.00 by a manufacturer or distributor with the intent to influence any specified person to buy, prescribe, or dispense one or more particular drugs. Prohibits the distribution of free samples by a manufacturer or distributor, except in specified circumstances. Prohibits any pharmacist or agent from disclosing any prescription information to any person except the patient, the practitioner, another pharmacist for purposes of filling or refilling it, or a State or Federal officer or employee under certain circumstances. Prohibits manufacturers and distributors from obtaining or attempting to obtain prescription information. Changes the ground for immediate suspension of approval of a drug application from "imminent hazard to the public health" to "unreasonable risk of illness or injury to any segment of the population." Requires clinical investigators to obtain voluntary informed consent, in writing, of all human beings, or their representatives, to whom a drug is administered in order to investigate the benefits and risks of such drug. Directs the Secretary to issue written, non-mandatory guidelines regarding protocols and methods for conducting drug investigations. Specifies factors of the health benefits versus risks analysis required for the determination of the safety of a drug. Requires the Secretary to approve the application for a drug proven safe but not proven effective if it is to be prescribed to treat a life-threatening or severely debilitating condition, there is no other effective method of treatment, and there is significant, if not substantial, scientific evidence that such drug is effective. Eliminates existing specified requirements for the certification of drugs containing insulin and antibiotic drugs. Allows the Secretary discretion to impose specified additional requirements as a condition for approval of any drug application. Authorizes the appointment of advisory committees to assist in making the determinations authorized by such Act. Authorizes the Secretary to subpoena witnesses and records in any matter relating to implementation or enforcement of such Act. Allows the manufacture for export, or export of, a drug without an export permit if it is manufactured, packaged, labeled, and distributed in compliance with specified requirements. Title II: National Center for Drug Science - Amends the Public Health Service Act to establish in the Department of Health, Education, and Welfare the National Center for Drug Science, with a Division of Policy and Research and a Division of Clinical Pharmacology and Clinical Pharmacy Training. Directs the Center to conduct an ongoing program of drug science policy research, either directly or by grant or contract, and an ongoing review and analysis of drug use in the United States which shall result in an annual Drug Experience Assessment Report. Directs the Director of the Center to make grants to schools of medicine, osteopathy, dentistry, pharmacy, podiatry, nursing and training centers for allied health professions for the expansion of existing programs and the establishment of new programs. Authorizes appropriations for demonstration projects, traineeships, and fellowships. Establishes a National Advisory Board on Drug Science to assist the Director and to review and comment on the activities of the Center. Title III: Establishment of the Food and Drug Administration - Establishes within the Department of Health, Education, and Welfare the Food and Drug Administration. Transfers to the Administration specified functions under specified Acts.
United States · United States Congress · 3 May 1979
Amends existing Federal law to change the date for celebrating "National Safe Boating Week" to the week beginning June 1 (presently the week which includes July 4).
United States · United States Congress · 3 May 1979
Small Business Innovation Research Act of 1979 - Amends the Small Business Act to direct the Small Business Administration (SBA) to develop an information program to assure that each qualified small business concern has the opportunity to participate in the Federal agency Small Business Innovation Research (SBIR) programs. Requires the SBA to report annually to the appropriate committees of Congress on the SBIR programs. Requires each Federal agency having an annual research and development budget of more than $100,000,000 to establish an SBIR program where one-half of one percent of its 1980 research and development budget and one percent of its subsequent budgets would be reserved for contract awards to small business firms specifically in connection with the SBIR program. Sets forth responsibilities of each such Federal agency with respect to the administration of an SBIR program as follows: (1) determine categories of projects; (2) issue SBIR solicitations; (3) receive and evaluate proposals; (4) select awardees for SBIR contracts; (5) administer such contracts; (6) make payments to SBIR contractors; and (7) make quarterly reports on the SBIR program to the SBA. Requires each Federal agency with a research and development budget in excess of $20,000,000 to establish goals specifically for awards of contracts for research and development to small business concerns. Allows such agencies to include the value of SBIR contracts in determining whether such goals are met. Prohibits contract awards to small business concerns for research and development which result from competitive or single source selections other than under an SBIR program to be counted as meeting any portion of the percentage requirements established pursuant to this Act. Directs the Administrator of the Office of Federal Procurement Policy, in conjunction with the SBA and the National Science Foundation, to issue regulations which shall: (1) provide a simplified acquisition process for the program with SBIR requests for proposals being standardized throughout the Federal Government; and (2) include uniform requirements for patent rights and rights in data.
United States · United States Congress · 30 April 1979
Drug Regulation Reform Act of 1979 - Title I: Drug Regulation Reform - Prohibits the manufacture, importation, export, or distribution of a drug entity or a drug product without the prior issuance by the Department of Health, Education, and Welfare of a monograph containing a description of such drug and requirements and guidelines for the contents of information labeling for the forms of drug products eligible for licensing under such monograph. Authorizes the Secretary of Health, Education, and Welfare to require, in a monograph, postmarketing surveillance of any drug, old or new, for a period of up to five years. Limits the issuance of such monographs to drugs determined safe and effective. Defines "safe" as meaning the health benefits of the drug entity or product clearly outweigh the risks it presents, taking into account pertinent standards and requirements. Defines "effective" to mean that a drug entity when incorporated into a drug product used in accordance with the use conditions set forth on the drug label, will have the effect represented. Provides for amendment, suspension, or revocation of a monograph under specified conditions. Authorizes the provisional issuance of a monograph (not to exceed five years) for any drug entity intended to be used in treatment of a life-threatening or severely debilitating disease when: (1) no other effective methods of treatment exist; or (2) such drug entity offers a major advantage to patients compared to the benefits of alternative methods; and (3) delaying issuance would present significantly greater risks to patients affected by such disease. Requires significant evidence of effectiveness and safety for such provisional issuance. Establishes a monograph-petition review procedure requiring a public hearing on the issuance, amendment, or revocation of any monograph, followed by a review of the evidence and issues by a drug science advisory committee, whose recommendations shall be forwarded to the Secretary for his final decision. Authorizes judicial review of a final order of the Secretary by a United States Court of Appeal. Requires, with specified exceptions, the registration of domestic and foreign establishments engaged in the manufacture, importation, export, or distribution of any drug entity or drug product. Prohibits for five years after the issuance date of a monograph the licensure of any drug product without: (1) written authorization from the monograph petitioner; or (2) data and information independent of the monograph which would support a determination that the monograph could be issued. Permits the licensure of a drug product, after the expiration of such five year period, without the making of necessary animal and clinical studies already made to demonstrate the safety and efficacy of the drug product under the original monograph. Requires registration of any drug to be used in a drug investigation, and revocation of registration if the human participants in the investigation are subject to unreasonable and significant risk of illness or injury. Specifies standards and requirements for such investigations. Requires the informed consent of participants in such investigations unless the immediate use of the drug product is, in the investigator's opinion, needed to preserve the participant's life, and time is not sufficient to obtain consent from either the participant or his legal representative. Authorizes the Secretary to: (1) issue written guidelines regarding protocols and methods for conducting investigations; and (2) review and advise, upon request, specified aspects of a drug investigation. Requires unlicensed drug products and drug entities not subject to monographs to obtain permits for export to foreign countries. Specifies requirements for such exports. Exempts homeopathic drug entities and products from monograph, licensure, and investigational use requirements if manufactured or imported in accordance with import/export registration requirements of this Act. Requires: (1) patient information labeling in layperson's language of the risks, benefits, side effects and so forth of any drug entity or product; and (2) practitioner information labeling that identifies the licensee, registrant, permittee and manufacturer of such drug. Directs the Secretary to prepare and publish a compendium of all prescription drugs eligible for licensing under issued monographs. Prohibits the promotional labeling of any prescription drug product indication for use, comparisons with other drug products, or dosage recommendations not contained in the information labeling of such product. Prohibits drug product licensees and their agents from: (1) distributing sample prescription drug products without charge; and (2) providing services or transferring items to specified medical personnel or their families, if the value of the service or item is at least $5.00, and no charge is made. Requires disclosure of the sponsorship by a drug product licensee or distributor of medical and scientific educational materials (other than labeling). Forbids the disclosure by pharmacists and their agents of prescriptions of information contained in prescriptions to anybody but the patient, the prescribing practitioner, or other specified persons. Prohibits licensees and their agents from obtaining or attempting to obtain such information. Prescribes civil, criminal, and administrative penalties, and subjects drug entities and products to seizure, for violations of this Act. Authorizes the Secretary to compel the attendance and testimony of witnesses in any matter relating to implementation or enforcement of this Title. Authorizes the Secretary to inspect drug manufacturing and distributing establishments to determine compliance with this Title. Title II: National Center for Clinical Pharmacology; Evaluation of the Act - Amends the Public Health Service Act to establish, within the Department of Health, Education, and Welfare, the National Center for Clinical Pharmacology to conduct and support, by grants: (1) research in clinical pharmacology and clinical pharmacy; and (2) an ongoing review and analysis of the use of drug products in the United States. Directs the Secretary to contract for an independent evaluation of Title I and its effect on: (1) protection of the public against adverse reactions from and misuse of drug products; (2) innovation in drug research; (3) the economics of the pharmaceutical industry; (4) the cost of drug products; (5) prescribing practices; and (6) the time required for the issuance of monographs. Requires a report on such evaluation to the appropriate Committees of Congress within seven years of enactment.
United States · United States Congress · 26 April 1979
Amends the Speedy Trial Act of 1974 (relating to Federal criminal procedure) to modify the current provisions requiring (1) the arraignment, of a defendant within ten days of the filing of the information or indictment, and (2) commencement of trial within 60 days of arraignment, of these two dates: (1) 120 days from the filing date of the information or indictment; or (2) the date of the defendant's appearance before a judicial officer, but stipulates that such trial shall not commence less than 30 days from such date without the consent of the defendant. Allows the court to extend any time limit provided by this Act upon a statement in the record of reasons which are consistent with specified criteria, including: (1) examinations of defendants to determine mental competency, physical capacity, or eligibility for treatment under the Narcotic Addiction Rehabilitation Act (NARA); (2) pretrial proceedings of unusual complexity; (3) certain criminal procedures, including other trials, interlocutory appeals, joinder of codefendants, and plea bargaining; and (4) the court's finding that the ends of justice served by an extension outweigh the best interest of the public and the defendant in a speedy trial, according to specified criteria. Prohibits an extension because of general congestion of the court's calendar, or lack of diligent preparation or failure to obtain available witnesses by the Government attorney. Applies the delay provisions to the current interim provision (due to expire on July 1, 1979) which requires commencement of trial within 90 days from the beginning of continuous pretrial detention of a person who is awaiting trial or from the designation of a person as being of high risk who is released to await trial. Authorizes the chief judge of a district court to suspend for up to 30 days the time limits provided by this Act when the need for such suspension is of great urgency, but requires such judge to apply to the judicial council of the circuit for a suspension (as currently provided) within ten days of the initial suspension. Authorizes such council to suspend for up to one year the time limits for arraignment and trial of cases for which indictments are filed during such period (currently, the council must apply to the Judicial Conference of the United States for such suspension), but requires such council to report any suspension to the Director of the Administrative Office of the United States, who shall then transmit the report to Congress and to the Judicial Conference of the U.S. Prohibits a judicial council from suspending limits within six months of a prior suspension without the consent of Congress.
United States · United States Congress · 23 April 1979
Health Science Promotion Act of 1979 - Title I: President's Council on the Health Sciences - Amends title IV of the Public Health Service Act (National Research Institutes) to replace the National Advisory Health Council with a new 15-member President's Council for the Health Sciences. Directs the Council, after consideration of specified criteria, to prepare a National Health Sciences Plan to be simultaneously transmitted to the President, the Secretary of Health and Human Services and Congress, by November 30 of each year. Requires such Plan to set forth a recommended budget for health sciences research with the Department of HEW for the coming fiscal year, and priorities for research expenditure for the subsequent four years. Terminates the Council on December 31, 1985. Title II: National Institutes of Health - Establishes in the Public Health Service the National Institutes of Health (which was abolished as a statutory entity by Reorganization Plan No. 3 of 1966). Sets forth the goals of the Institutes, and authorizes the Director of the Institutes to perform specified functions to achieve such goals. Requires the Director to: (1) assure that not less than 45 percent of all funds expended by the Institutes in any given year shall be used to support research by individual investigators who are not full-time employees of the Institutes and whose applications for such grants were unsolicited; and (2) establish a program of demonstrations and experimentations with alternative methods for conducting peer review of research grant applications. Requires selected peer review groups to include individuals experienced in non-biomedical sciences and lay persons. Makes uniform the statutory authority for the 11 categorical Institutes of the National Institutes of Health (National Cancer Institute, National Heart, Lung, and Blood Institute, National Institute of Dental Research, National Institute on Arthritis, Metabolism, and Digestive Diseases, National Institute of Child Health and Human Development, National Institute of General Medical Sciences, National Eye Institute, National Institute on Aging, National Institute of Allergy and Infectious Diseases, National Institute of Environmental Health Sciences, and National Institute of Neurological Diseases and Stroke). Establishes under each of the categorical Institutes (except the National Cancer Institute and the National Heart, Lung, and Blood Institute) the following Advisory Councils: National Dental Research Advisory Council, National Arthritis, Metabolism, and Digestive Diseases Advisory Council, National Child Health and Human Development Advisory Council, National General Medical Sciences Advisory Council, National Eye Advisory Council, National Aging Advisory Council, National Allergy and Infectious Diseases Advisory Council, National Environmental Health Sciences Advisory Council, and National Neurological, Communicative Disorders, and Stroke Advisory Council. Includes within the uniform authority for such categorical Institute the following select provisions: (1) each Advisory Council shall (A) review research projects and programs submitted under its jurisdiction, (B) collect information in its field, and (C) certify to the Secretary approval of projects and applications for grants-in-aid; (2) each Council shall include 18 members appointed by the Secretary for four-year terms; (3) the Director of the Institutes, in consultation with each Advisory Council, shall prepare a report for the Secretary, the President, and Congress with respect to the activities of the Institutes relating to the objectives of each categorical Institute; and (4) the categorical Institutes and Advisory Councils shall expire on September 30, 1983. Extends the authorizations through fiscal year 1983 for: (1) activities of the National Cancer Institute and the National Heart, Lung, and Blood Institute; (2) diabetes research and training centers and the National Diabetes Advisory Board; and (3) arthritis demonstration projects and data system, multipurpose arthritis centers, and the National Arthritis Advisory Board. Title III: Paperwork - Requires the Director of the National Institutes of Health to conduct experimental programs to reduce paperwork associated with the application for, and administration of, research grants.
United States · United States Congress · 10 April 1979
Speedy Trial Act Amendments Act of 1979 - Amends the Speedy Trial Act of 1974 to increase from 30 to 60 days the period in which an information or indictment must be filed from the date on which the individual was arrested or summoned with respect to a Federal offense. Modifies the current provisions requiring: (1) the arraignment of a defendant within ten days of the filing of the information or indictment; and (2) commencement of trial within 60 days of arraignment, to require commencement of trial not less than 30 nor more than 120 days from the filing of the information or indictment (or less than 30 days with the consent of the defendant). Applies the current time limits with respect to the retrial of a defendant following an appeal or collateral attack, to a trial upon an indictment or information dismissed by a trial court and reinstated following appeal. Extends the periods of delay which are excluded in computing the time limits for the filing of an information or indictment, and the commencement of trial, to include delay resulting from: (1) proceedings to determine the mental competency or physical capacity of the defendant: (2) election, examination, and determination of the defendant's eligibility for treatment under the Narcotic Addiction Rehabilitation Act (NARA); and (3) preparation and service of, and hearings on, pretrial motions and responses. Carries forward the current interim provision otherwise due to expire on July 1, 1979, which requires commencement of trial within 90 days from the beginning of continuous pretrial detention of a person who is awaiting trial or from the designation of a person as being of high risk who is released to await trial. Applies the delay provisions to this expedited trial limit. Authorizes the chief judge of a district court to suspend for up to 30 days the time limits provided by this Act when the need for such suspension is of great urgency, but requires such judge to apply to the judicial council of the circuit for a suspension (as currently provided) within ten days of the initial suspension.
United States · United States Congress · 10 April 1979
Amends the Emergency Petroleum Allocation Act of 1973 to extend the effective period of ceiling prices established by the President and applicable to any first sale of crude oil produced in the United States. Extends the President's authority under such Act to December 31, 1982.
United States · United States Congress · 10 April 1979
Antitrust Consent Decree Enforcement Act of 1979 - Amends the Clayton Act to provide a procedure allowing any person damaged by a violation of an antitrust judgment to bring a civil action in the court in which such judgment was entered to obtain equitable and other relief. Requires a person, before bringing such an action, to notify the Attorney General of the suspected violation of an antitrust judgment. Requires the Attorney General to take specified actions before the private action provided for this Act may be taken. Stipulates that each separate violation of an antitrust judgment shall give rise to a separate claim for penalty not to exceed $10,000. Establishes a procedure permitting parties to antitrust judgments or any party injured by violation of such judgment to petition the Attorney General to review such judgment and thereafter to petition the district court that originally issued the judgment to vacate or modify it. Authorizes the Courts to grant equitable relief to effectuate an antitrust judgment and authorizes civil penalties for violations of judgments.
United States · United States Congress · 9 April 1979
Local Energy Management Act of 1979 - Title I: Findings, Declarations of Purpose, and Definitions - Declares that the purposes of this Act are: (1) to establish a demonstration grant program applicable to localities proposing to implement energy conservation and renewable energy resource development programs; (2) to establish a local energy reference center to disseminate information on such programs; and (3) to establish a technical assistance panels program to facilitate information sharing on such programs between localities. Title II: Program Administration - Directs the Secretary of Energy to carry out the provisions of this Act and to report annually to the Congress on activities of the programs established under this Act. Requires the Secretary to consult and cooperate with appropriate Federal and other public and private agencies to provide a coordinated approach to the programs established under this Act. Title III: Demonstration Grant Program - Authorizes the Secretary to make nonrenewable grants to localities for the development of management programs designed to promote energy conservation and the development of renewable resources. Sets forth application and other procedures for such grant program. Title IV: Local Energy Reference Center - Directs the Secretary to establish a local energy reference center to serve as a data bank and information center for localities. Title V: Technical Assistance Panels Program - Directs the Secretary to establish a technical assistance panels program to provide technical information and assistance to localities on energy conservation and development of renewable energy resources. Title VI: Authorization of Appropriations - Authorizes the appropriation of $8,000,000 for fiscal year 1980, $10,000,000 for fiscal year 1981, and $12,000,000 for fiscal year 1982 to carry out the purposes of this Act.
United States · United States Congress · 2 April 1979
Amends the civil rights provisions of Title 18 of the United States Code to prohibit any Federal employee or officer or any person engaged in interstate commerce from requiring any employee, officer, or applicant for employment to take any polygraph test in connection with such individual's employment. Exempts specified Federal employees or contractors from such provisions. Permits polygraph tests of business employees if such test is freely requested by such employee. Sets forth civil and criminal penalties for violations of such provisions. Authorizes civil actions in U.S. district courts on behalf of aggrieved individuals.
United States · United States Congress · 28 March 1979
Amends the provisions of Federal law regarding the Select Commission on Immigration and Refugee Policy to: (1) change the rate of compensation for the public members of the Commission; (2) extend the life of the Commission from September 30, 1980, to March 1, 1981; (3) permit Federal employees detailed to the Commission to serve without reimbursement by the Commission; (4) increase the Commission's authorization from $700,000 to $2,450,000; and (5) authorize the Commission to procure the services of experts and consultants.
United States · United States Congress · 22 March 1979
Regional Energy Development Act of 1979 - Chapter I: Introductory - Declares that energy shortages and the high cost of energy have created economic hardships in the Northeastern States, which would especially benefit from regional cooperation with the United States through an entity capable of financing and otherwise promoting increased energy supply and energy conservation. Defines "Northeastern States" as Connecticut, Maine, New Hampshire, New Jersey, New York, Rhode Island, Vermont, Pennsylvania, and Massachusetts. Chapter II: Organization, Management, Powers - Authorizes the creation of a corporation for profit, not an agency or establishment of the United States, to be known as the Energy Corporation of the Northeast. Directs the President to appoint incorporators who reside in the Northeastern States to serve as the initial Board of Directors of the Corporation, and to take whatever actions are necessary to establish the Corporation. Stipulates that a Northeastern State shall become a member of the Corporation when such State subscribes for State stock, contributes initial capital in the amount of $1 per capita, and enacts supporting legislation. Allows the Corporation to become operational if at least three States become members before December 31, 1978. Authorizes States that are contiguous to members to join the Corporation in the same manner. Authorizes the Corporation to participate in joint ventures with public or private groups and to operate through subsidiaries. Requires the Corporation to submit annual reports and audits to the President, Congress, Governors and legislatures of Member States. Directs the Governors, on a rotating basis, to designate independent persons to evaluate the performance of the Corporation every two years. Chapter III: Projects and Programs of the Corporation - Authorizes the Corporation to participate in financing any project related to solving the energy needs of the Northeast. Allows the Corporation to assist projects by providing capital, in the form of equity, debt, grant, or otherwise. Stipulates that before any financial assistance is provided, the Board of Directors of the Corporation must find that: (1) the project is expected to have a beneficial impact on the energy problems of the region; (2) the investment together with other Corporation activities will not materially impair the credit of the Corporation; (3) private capital is unavailable or insufficient; and (4) unless this limitation is specially waived, the Corporation will not operate the project on a continuing basis or invest more than 50 percent of the total cost. Authorizes rejection of each project by the Governor of the Member State in which it is located. Charges the Board with reviewing periodically the allocation of Corporation resources among the Member States to assure a measure of equity in the distribution of benefits. Limits the Corporation's investment in any one project to the greater of ten percent of its borrowing authority or $200,000,000. Chapter IV: Financing - Stipulates that capital subscriptions from the States ($1 per capita initial contribution) and private investors shall determine the borrowing authority of the Corporation according to a formula of $15 borrowing backed by Federal guarantees for each $1 capital contribution. Authorizes the contribution of additional capital by the States after the initial subscription. Authorizes the issuance of capital securities to States and private investors in a form determined by the Board. Permits the Corporation to issue its own obligations which shall be general obligations payable out of any revenues. Prohibits the Corporation from pledging the credit of the United States or the credit of Member States. Chapter V: Guarantee of Obligations - Authorizes the Secretary of the Treasury to guarantee obligations of the Corporation. Stipulates that such obligations are not tax exempt. Prohibits purchase of such obligations by the United States. Establishes an administrative expense fund in the U.S. Treasury to provide for the administrative expense payments with respect to guaranteed obligations. Chapter VI: State Legislation - Requires Member States, upon joining the Corporation, to enact legislation: (1) assuring decisions within 90 days of application on request for permits required for Corporation projects; (2) exempting the property, income, and operations of the Corporation from State and local taxation; and (3) specifying that insofar as the provisions of any State, general, special, or local law may be inconsistent with this Act, the provisions of this Act and the legislation enacted under this Chapter are controlling. Chapter VII: Miscellaneous - Specifies terms of construction and separability of the provisions of this Act.
United States · United States Congress · 21 March 1979
Health Planning Amendments of 1979 - Title I: Three-Year Authorization Extensions - Amends title XV of the Public Health Service Act (National Health Planning and Development) to extend the authorization of appropriations through fiscal year 1982 for planning grants to health systems agencies (HSAs) and grants to State health planning and development agencies (State Agencies) for operational costs and rate regulation. Title II: Amendments to Health Planning Authorities - Authorizes the Secretary of Health, Education, and Welfare to revise health service area boundaries if the boundaries of the proposed health service area would better meet the current requirements for such areas. Subjects the budget, health systems plan, and annual implementation plan developed by the governing body of an HSA which is a public regional planning body or single unit of general local government to approval by such planning body or government unit. Provides that records and meetings of an HSA except for personnel matters shall be available to the public. Stipulates that consumers on HSA governing bodies cannot have been "direct" health care providers within the 12 months preceding appointment, instead of "health care providers" as currently provided. Requires an HSA to review triennially, rather than annually, its health systems plan. Requires the State Agency to revise triennially the preliminary State health plan and the Statewide Health Coordinating Council (SHCC) to revise triennially the State health plan. Authorizes the Secretary to designate conditionally for up to two years an HSA or a State Agency which has not had its designation agreement renewed. Allows the carry-over of unobligated grants to HSAs and State Agencies to the succeeding fiscal year. Authorizes the Secretary to determine the amount of any grant to designated HSAs (thus eliminating the current formula for such grants). Authorizes the Secretary to extend the conditional designation of a State Agency for a period longer than the current three-year limit, where such Agency is found to be making a good faith effort to meet the State Agency functions. Replaces the current penalty provision for States which do not have a designated State Agency after a certain period (which eliminates funding under specified Acts) with a graduated scheme which reduces by 25 percent such funding on an annual basis. Applies the State certificate of need program which a State Agency must administer to major medical equipment, in addition to new institutional health services as currently provided. Redefines "institutional health services" to exclude health maintenance organizations. Requires that the services and facilities to be offered or developed in the State under the certificate of need program be consistent with the State health plan. Requires the State Agencies in reviewing existing institutional health services to make public institution by institution findings concerning services specified by the Secretary, with respect to the appropriateness of such services. Repeals the requirement that State Agencies make findings as to the need of new institutional health services. Makes the representation of HSAs on the Statewide Health Coordinating Council proportional to the share of the State's population in the agency's health service area (instead of equal as currently provided). Authorizes the Governor of the State to: (1) select, or direct the SHCC members to select, the SHCC chairman; and (2) modify the State health plan and the health systems plans after consultation with the SHCC and a public statement of the reasons. Requires the review by HSAs and State Agencies of health maintenance organization services to be consistent with standards and procedures established by the Secretary pursuant to title XIII of the Public Health Service Act (Health Maintenance Organizations). Makes the Commonwealth of Puerto Rico subject to the special, rather than the general, provisions of title XV. Title III: Assistance to Hospitals for Discontinuing Inappropriate Inpatient Services and for State Decertification Programs - Authorizes the Secretary of Health, Education, and Welfare to make grants to: (1) public or private nonprofit hospitals to assist them in discontinuing inpatient hospital services which the Secretary determines are inappropriate; and (2) State Agencies for planning and carrying out programs to decertify health care facilities providing health services which are inappropriate.
United States · United States Congress · 21 March 1979
Motor Carrier Ratemaking Reform Act of 1979 - Stipulates that the antitrust laws shall not apply to pipeline or water carriers that are parties to a rate agreement approved by the Interstate Commerce Commission. Applies antitrust laws, relating to unlawful restraints and monopolies, to parties to a rate agreement where one of the parties to such an agreement is a motor carrier or freight forwarder. Declares to be reasonable a rate decrease or increase proposed by a motor carrier or freight forwarder which is no greater than seven percent above, or 20 percent below, the rate in effect on January 1, 1979.
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