United States · United States Congress · 25 September 1979
National Center of Afro-American History and Culture Act - Establishes the National Afro-American History and Culture Commission which shall: (1) be responsible for the development of a definitive plan for the construction and operation of the National Center for Afro-American History and Culture; and (2) solicit subscriptions of funds from private sources to help meet costs of the construction, furnishing, and operation of the center, including the costs of acquiring works of art and artifacts. Allows the Commission to: (1) acquire by gift, purchase with appropriated or donated funds, transfer from any Federal or State agency, exchange, or otherwise acquire suitable land and interest in land in the vicinity of Wilberforce, Ohio, for the location of the headquarters of the center; (2) acquire appropriate works of art and any other real or personal property necessary for the establishment and operation of the center; and (3) sell, exchange, or otherwise dispose of any property acquired and designate any proceeds from such disposal for the benefit of the center. Authorizes the Secretary of the Interior to acquire by donation or purchase with donated or appropriated funds the Colonel Charles Young Home and adjacent lands in Wilberforce, Ohio, not to exceed 80 acres, which when acquired shall be known as the Wilberforce National Historic Site.
United States · United States Congress · 13 September 1979
Emergency Fuel and Food Relief Act of 1979 - Amends the Food Stamp Act of 1977 to increase the cost of the thrifty food plan in specified States for the months of December, 1979, and January through March of 1980, by a formula based on the increase in the costs of home heating oil.
United States · United States Congress · 11 September 1979
Uniformed Services Health Professionals Special Pay Act of 1979 - Provides special and additional pay for physicians in the Armed Forces or the Public Health Service who are on active duty for a period of not less than one year. Sets forth a schedule for such special pay providing that: (1) physicians below pay grade 0-7 are to receive between $1,200 and $10,000 per year based on years of creditable service; and (2) physicians above pay grade 0-6 are to receive $1,000 per year. Entitles a physician eligible for special pay to an additional $10,000 annual payment for any 12-month period during which he or she is not undergoing medical internship or initial residency training. Requires such a physician to agree in writing to remain on active duty for a period of not less than one year in order to receive such $10,000 additional payment. Authorizes additional special pay (from $2,000 to $5,000 based on years of creditable service) for those physicians eligible for special pay who are board certified (under regulations prescribed by this Act). Sets forth a special pay schedule for dentists in the Armed Forces or in the Public Health Service who are on active duty for not less than one year providing that: (1) dentists below pay grade 0-7 are to receive between $1,200 and $9,000 per year based on years of creditable service; and (2) dentists above pay grade 0-6 are to receive $1,000 per year. Entitles a dentist eligible for special pay to an additional annual payment ($6,000 to $10,000 depending on years of creditable service) for any 12-month period during which he or she is not undergoing dental internship or residency training. Requires such a dentist to agree in writing to remain on active duty for a period of not less than one year in order to receive such payment. Authorizes additional special pay (from $2,000 to $4,000 based on years of creditable service) for those dentists eligible for special pay who are board certified. Sets forth a special pay schedule for optometrists in the Armed Forces or the Public Health Service who are on active duty for not less than one year providing for: (1) payments of $1,000 to $3,000 per year depending on years of creditable service; and (2) additional annual payments of $1,000 for optometrists with at least three years of creditable service. Requires a written agreement for such additional payments. Defines "creditable service" for purposes of this Act to include all time spent in internship or residency while not on active duty, and all time spent on active duty (as a physician, dentist, optometrist or podiatrist). Authorizes special pay of $100 per month to podiatrists in the Armed Forces or in the Public Health Service who are on active duty for not less than one year and who have three or more years of creditable service. Directs the Secretary of Defense to establish standards for determining whether an officer is: (1) undergoing medical, dental, or optometry internship or residency training; and (2) board certified for a medical or dental specialty. Stipulates that any special pay received under this Act may not be included in computing the amount of any increase in pay authorized by any other uniformed services pay provisions, or in computing retired, severance, or readjustment pay. Provides for the refund of a specified percentage of the amount received by an officer who voluntarily terminates active service before the expiration of the one-year written agreement. Directs the Secretary to conduct a review every two years of such special pay authorizations. Requires the first such review to be submitted to the Congress no later than September 30, 1982. Repeals existing provisions of Federal law: (1) prohibiting special pay for veterinarians after September 1980; (2) setting forth guidelines for physicians' and dentists' continuation pay; and (3) regarding special pay for specified physicians below pay grade 0-7 who execute active duty agreements. Directs the Secretary to conduct an evaluation of alternatives for addressing the existing maldistribution of medical and dental specialties within the Armed Forces. Requires a final report to be submitted to the Congress no later than two years after enactment of this Act. Stipulates that health professionals eligible for basic and special pay under existing provisions shall not be paid less than such amounts as a result of amendments made by this Act. Authorizes appropriations of $3,000,000 for fiscal year 1981. Provides that special pay provisions under this Act shall take effect for periods beginning after September 30, 1979, or after date of enactment of this Act, whichever is later.
United States · United States Congress · 6 September 1979
Fair Housing Amendments Act of 1979 - Entitles title VIII of the Civil Rights Act of 1968 (as entitled by this Act) the Fair Housing Act. Amends such Act to define "handicap" as: (1) a physical or mental impairment which substantially limits one or more of a person's major life activities; (2) a record of having such an impairment; or (3) being regarded as having such an impairment. Defines "aggrieved person" as any person who claims to have been injured by a discriminatory housing practice or who believes that such person will be irrevocably injured by a discriminatory housing practice that is about to occur. Exempts from coverage under such Act a room or unit in an owner-occupied dwelling intended to be occupied by no more than four families living independently if such room or unit is sold or rented: (1) without the assistance of any real estate broker, agent, or salesman; and (2) without the publication or mailing of any advertisement or written notice indicating any preference or discrimination based on race, color, religion, or national origin. Stipulates that such prohibition shall not preclude the use of attorneys, title companies, or other professional assistance to perfect or transfer title. Includes the handicapped within the groups that may not be discriminated against in housing. Makes it unlawful: (1) for an insurer against hazards to discriminate with regard to such insurance contracts; (2) to refuse to sell or rent (after the making of a bona fide offer) to a handicapped person unless such handicap would present a prospect occupant from conforming to specified non-discriminatory rules and practices; and (3) to discriminate against a handicapped person in the conditions of sale or rental, or in the provision of related services or facilities. Stipulates, with regard to such sales, rental, or related services, that discrimination shall include a refusal to: (1) permit reasonable modification to permit access to the premises; and (2) make reasonable accommodations in policies, services, or facilities to afford handicapped persons equal enjoyment of the premises. Stipulates, with regard to such sales and related services, that discrimination shall not include a refusal to: (1) make alterations at the expense of sellers, landlords, owners, or persons acting on their behalf; (2) modify generally applicable policies, services, or facilities where such modification would unreasonably inconvenience others; or (3) allow architectural modifications which materially alter the intended use of a building or its environs. Makes it unlawful for a State or local government employee or agency to impede the establishment of a dwelling specifically intended for handicapped persons, unless such dwelling: (1) would not comply with Federal, State, or local health or safety regulations; (2) would not comply with Federal or State program standards for services to the handicapped; or (3) would violate a land use plan or zoning ordinance. Makes it unlawful for any person whose business includes the making, buying, or insuring of loans, or selling, brokering, or appraising of real property, to discriminate in the availability or the conditions (amount, interest rate, duration) of such housing-related loans. Directs the Secretary of Housing and Urban Development to enforce the provisions of such Act upon receiving a written charge filed by an aggrieved party within one year after the alleged discrimination occurred, or upon the Secretary's initiative. Requires the Secretary to notify the party charged with a discriminatory practice within ten days of the filing of such charge. Grants the Secretary authority to subpena necessary information and witnesses, and to issue interrogatories. Establishes penalties of up to $1,000 or one year in prison for willfully failing to testify or produce records, intentionally giving misleading information, or willfully altering any documentary evidence. Directs the Secretary to refer a discriminatory housing charge made within the jurisdiction of a State or local agency to such agency if the agency is certified by the Secretary. Prohibits the certification of such agency unless the Secretary determines that the protections of substantive rights, procedures, remedies, and judicial review are equivalent to those under Federal law. Directs the Secretary and other Federal agencies to cooperate and avoid duplication of efforts. Authorizes the Secretary, on the basis of a preliminary investigation, to refer a charge to the Attorney General in order to get appropriate preliminary relief pending final disposition of such charge. Directs the Secretary, upon a determination that reasonable cause exists to believe a housing discrimination charge is true, to refer the matter to the Attorney General or to file an administrative complaint. Directs the Secretary to provide a copy of such investigation's findings to the parties involved. Sets forth hearing provisions, including: (1) notice of the complaint and opportunity for a hearing not less than 30 days after service of such complaint; (2) rescheduling of such hearing; (3) resolution of a complaint by conciliation; (4) respondent's right to file an answer and testify at such hearing; (5) an aggrieved party's right to intervene; (6) the authority of the person conducting such hearing to make findings of fact and conclusions of law, to issue a final order of relief, and to impose a civil penalty not to exceed $10,000 (provides that no such final order shall affect a bona fide sale, rental, or encumbrance consummated before the issuance of such order); (7) the Secretary's authority to modify any such final order; (8) court of appeals judicial review within 60 days of entry of such order; and (9) a civil penalty of up to $1,000 a day for violation of an unreviewable (as set forth by this Act) final order of the Secretary. Permits aggrieved individuals to commence civil actions within three years of the alleged discriminatory practice. Prohibits proceedings by both the Secretary and the aggrieved individual. Authorizes the Attorney General: (1) to intervene in an aggrieved individual's civil action; and (2) to commence a civil action (a) against a person engaged in a pattern or practice of resistance to these provisions or (b) to enforce the Secretary's findings or orders. Permits the aggrieved individual to intervene in an action commenced by the Attorney General. Allows prevailing parties reasonable attorney and expert witness fees as part of a judicial or administrative award under this Act. Directs the Architectural and Transportation Barriers Compliance Board to report to the Congress not later than October 1, 1981, concerning: (1) the extent to which architectural barriers and other obstacles to accessibility of housing are operating to deny handicapped persons access to a reasonable housing choice in the private market; (2) the extent to which public, private, or cooperative public and private efforts have been undertaken to increase housing choice for the handicapped in the private market; and (3) the projected cost of retrofitting an adequate supply of existing housing units to make such units suitable for occupancy by handicapped persons. Authorizes appropriations for this Act, effective as of October 1, 1980.
United States · United States Congress · 6 September 1979
Health Care for All Americans Act - Establishes a comprehensive "national health insurance system" (defined as the programs established by this Act and Medicare for the financing of health-care services). States the findings and purposes of this Act. Enumerates the rights of eligible individuals, providers, and insurers and health maintenance organizations (HMOs). Requires that such individuals and entities have their views considered with respect to actions under this Act affecting them. Gives such an individual the right to: (1) choose any participating provider with respect to a covered service; (2) the prompt and accurate making of decisions under this Act; (3) be heard on any grievance related to benefits under this Act; and (4) confidential treatment and use of information collected under this Act. Gives such a provider the right to: (1) decide whether or not to participate in the system; (2) the prompt and accurate payment for services; and (3) choose the mode and place of practice (with respect to a physician provider). Gives such an insurer and HMO the right to: (1) decide whether or not to participate in the system; and (2) carry on a supplemental health insurance business. Defines terms used in this Act. Title I: Eligibility, Entitlement, and Enrollment - Extends eligibility for the benefits of this Act to: (1) U.S. citizens; (2) aliens lawfully admitted or permanently residing in the U.S. under color of law, including refugees; (3) aliens admitted to the U.S. as employees of a foreign government or international organization which has entered into an agreement with the U.S.; and (4) aliens admitted as temporary visitors from a foreign government which has entered into such an agreement. Directs the National Health Board (established by this Act), after consultation with the Secretary of State, to recommend to the President that executive agreements be entered into: (1) with foreign governments and international organizations to make their employees and officers eligible for health benefits in return for a payment of the national community-rated premium plus an amount equal to what would otherwise be payable as the Medicare hospital insurance payroll tax, if such employees were so taxed; and (2) with foreign governments upon a determination that it is in the national interest to make nationals or citizens of such nations who visit the U.S. eligible for benefits in return for comparable treatment of U.S. citizens abroad. Entitles each eligible individual to: (1) enroll in a qualified plan offered by an insurer or HMO and to change enrollment during certain periods; (2) have payment made on such individual's behalf and not be charged any fee for basic covered services; and (3) be issued a health insurance enrollment card. Stipulates that such a card shall not identify the category or basis for the individual's enrollment. Requires enrollment information to be available and provided: (1) by employers to employees; (2) by or through the Board to Medicare-eligible individuals; (3) by the Secretaries of Defense, Transportation, Commerce, and HEW to active- duty uniformed service personnel under their jurisdiction; (4) by the Social Security Commissioner to Supplemental Security Income (SSI)- eligible individuals; (5) by managers of Federal and State institutions to residents; (6) by State welfare agencies to Aid to Families with Dependent Children (AFDC)-eligible persons; and (7) by or through State health boards to other individuals. Directs the Board to notify State health boards of the identity of eligible individuals who, in certain Federal information returns, have failed to indicate enrollment under a qualified plan. Requires providers to transmit to their respective health boards requests for payment for eligible persons who did not indicate enrollment at the time of receiving services. Directs State health boards to make special efforts to locate such persons and provide for their enrollment. Defines "first general open enrollment period", "general open enrollment period", and "special enrollment period" for purposes of the program. Stipulates that all members of a family (other than those who are Medicare or SSI-eligible or residents of a Federal or State institution) be enrolled at any time in only one qualified plan. Requires employers to offer qualified employees during specified enrollment periods the choice of enrollment under: (1) at least one plan offered by an insurer belonging to (A) the Blue Cross-Blue Shield consortium or (B) the commercial insurance consortium; and (2) at least one plan offered by an HMO belonging to (A) the individual group practice HMO consortium or (B) the prepaid group practice HMO consortium (if such a plan is available in the area in which the employees obtain health care services). Allows the employer to also offer enrollment in plans offered by a self-insurer. Requires an offer of enrollment to be made first to a collective bargaining representative or other employee representative designated under law. Requires each employee to elect a plan in accordance with procedures established by the Board. Directs the employer to enroll such employee in a plan in accordance with procedures in the absence of such an election. Requires any employer offering in conjunction with a qualified plan a plan with benefits supplemental to basic services to provide employees with written information regarding additional employee costs for such supplemental plan. Limits a family which is offered a choice of plans to enroll under only one qualified plan. Subjects an employer who knowingly fails to comply with these requirements to a civil penalty which may be assessed by the Board and collected by civil suit in a district court. Requires active-duty members of the uniformed services to enroll in a plan from among such health plans offered by or through the Department of Defense as the Secretary of Defense, after consultation with the Secretaries of HEW, Transportation, Commerce, and the Board, finds are consistent with the statutory requirements regarding uniformed services medical care and with policy requiring provision of basic and other covered health services to such members and their families. Requires Medicare-eligible individuals to enroll with the Board or a participating HMO in accordance with the Medicare program. Allows SSI-eligible individuals, residents of Federal or State institutions not otherwise enrolled, AFDC-eligible individuals, or other individuals not otherwise enrolled to enroll during specified periods in any qualified health plan available to such individuals. Provides for the mandatory enrollment of such individuals who fail to enroll in a plan, in accordance with regulations of the Board and rules and procedures of the State health boards. Title II: Benefits and Providers - Includes as basic covered services: (1) inpatient and outpatient hospital services (and inpatient mental health services up to (A) 150 consecutive days for Medicare-eligible individuals, or (B) 45 consecutive days for other eligible individuals, during certain periods of treatment as determined under Medicare); (2) physicians' services, including hospital-based physicians (and services for the treatment of mental illness and outpatient mental health services to the extent that expenses for such services do not exceed the fee-equivalent of 20 psychiatric visits per year, as determined under Medicare); (3) post-hospital extended care services up to 100 days during any spell of illness; (4) the following preventive health services: (A) basic immunizations; (B) pre-and post-natal maternal care; (C) well-child care (including periodic physical examinations, hearing and vision screening, and developmental screening and examinations) for persons up to the age of 18 years; and (D) such other services as the Board may add on a year-by-year basis after consultation with appropriate experts and a determination by the Board that such services will be cost-effective (but limits the expenditure for such additional preventive services to $500,000,000 for the first effective year (defined as the third year after the year of enactment) and for subsequent years an increase tied to the average annual rate of increase in the gross national product. Includes as additional basic services: (1) outpatient physical therapy services, outpatient speech pathology services; (2) health clinic services, including rural health clinic services; (3) home dialysis supplies; (4) tests and other diagnostic tests; (5) X-ray therapy; (6) durable medical equipment used in the patient's home; (7) ambulance service, to the extent provided by regulations; (8) prosthetic devices (other than dental), including lenses after cataract surgery and replacements; (9) leg, arm, back, and neck braces, and artificial legs, arms, and eyes, including replacements; (10) insulin and outpatient prescription drugs for treatment of chronic conditions (but for Medicare-eligible individuals only to the extent provided under such program); (11) one audiological examination per individual per year and the provision of one hearing aid per individual for any three-year period; and (12) mental health day care services to the extent of two days for each day of inpatient mental health services permitted by this program. Excludes as basic services: (1) items and services for which payment may not be made under Medicare; and (2) for other than Medicare-eligible individuals payment for (A) orthopedic shoes or other supportive devices for the feet, (B) certain physician services described under Medicare, and (C) certain inpatient hospital services described under Medicare. Authorizes the Board, after consultation with the Commission on Health-Care Benefits and the Commission on Quality of Health Care (established by this Act), to exclude payment for an item or service under a plan under this program and Medicare on the basis of cost-effectiveness, notwithstanding any other provision. Makes specified provisions of title XI (General Provisions and Professional Standards Review) and title XVIII (Medicare) of the Social Security Act applicable to basic services provided under qualified plans to the same extent as they apply under Medicare. Authorizes the Board, after consultation with the Commissions on Health-Care Benefits and Quality of Health Care, to establish a list of high-risk, high-cost, elective, or overutilized items or services for which payment may be made only if one or more of the following conditions are met: (1) the provider is board-certified in the relevant specialty; (2) the diagnosis and recommended service are supported by a second opinion or specific objective findings; (3) the provider-institution is adequately equipped and staffed; (4) the specialist or institution is providing care upon referral by a primary-care physician; or (5) the provider has demonstrated through statistical services that it provides high-quality services and properly uses appropriate methods and technologies. Title III: Financing and Planning - Part A, Budget and Planning Process - Specifies the annual timetable for the budget process for the national health insurance system as follows: (1) by January 15th proposed annual State budgets are to be prepared by the State Health Boards, in accordance with regulations and after consultation with specified interests, and submitted to the Board; (2) the Board shall transmit for inclusion without change in the Budget presented by the President an estimate of the anticipated Federal expenditures related to the appropriate Annual Budgets; (3) by March 1st a comprehensive Annual Budget is to be prepared and adopted by the Board and transmitted to the President, Congress, the States, and the public; (4) the Congressional Budget Office shall submit to the appropriate congressional committees as soon as practicable after receipt of the Annual Budget an analysis of its impact on the Federal Budget; (5) by July 1st the annual State budgets are to be adopted by the State Health Boards, taking into consideration the State Health Care Improvement Plan mandated by this Act, and transmitted to the Board; and (6) on the following January 1st the budget year begins. Specifies the contents of the Annual Budget and annual State Budgets, including enumerated items in the following categories: (1) anticipated expenditures; (2) anticipated revenues; (3) separate schedules, including Medicare and other public programs; (4) premium rates, including the national community-rated and group-rated premium amounts and national premium rate; and (5) five-year projections. Places the following limitations on expenditures under this program: (1) total anticipated expenditures for a year may not exceed the amount of the estimated expenditures by more than the average annual rate of increase in the gross national product for the three-year period ending with the year before the year in which the Annual Budget is adopted; (2) the amounts budgeted for covered health-care services for the U.S. and for any State are the maximum amounts that may be expended for such services (except for costs associated with uniformed service members); (3) a State Health Board may not provide for total expenditures for items covered in the budget in excess of those contained in the Annual Budget with respect to the State; (4) the total anticipated expenditures for the U.S. and for any State for the provision of basic services within a category of services or of providers are the maximum amounts that may be expended for such purposes (within percentage variations that the Board may permit); and (5) the percentage increase in the anticipated expenditures per capita for covered health-care services over the actual expenditures for such services for the previous year are limited according to specified formulas. Directs the Board, in consultation with the President's Commission on the Health of Americans, to prepare and annually revise, before the adoption of each Annual Budget, a National Health Care Improvement Plan which describes: (1) needs over a five-year period relating to the accessibility, quality, and cost of health care; (2) the effect of the provisions of this program on meeting such needs; and (3) recommendations. Directs the Governor of each State to prepare and annually revise a State Health Care Improvement Plan in accordance with Board standards and guidelines which describes: (1) needs over a five-year period relating to the accessibility, quality, and cost of health care; and (2) specific actions for meeting such needs. Requires such State Plan to include to the extent appropriate the objectives of: (1) the State health plan in effect under title XV of the Public Health Service Act (National Health Planning and Development); (2) the State medical assistance plan in effect under Medicaid; and (3) any plan submitted by the State to receive assistance under the Public Health Service Act and the Community Mental Health Centers Act. Title III - Part B, Payments to Providers - Provides for payment to providers as follows: (1) insurers and HMOs shall make payments to providers furnishing services to (A) their respective enrollees and (B) individuals not enrolled at the time of services but who are subsequently enrolled; (2) the Board shall make payments to providers furnishing services to a Medicare-eligible individual who is not enrolled in a plan offered by a HMO: and (3) the Secretary of Defense shall pay for services furnished to a member of the uniformed services on active duty. Requires each insurer or HMO to provide for payments of such allocated portion of the approved prospective budget (required under this Act) of the provider as reflects, in accordance with Board regulations, the proportion of the costs in the budget used to provide such services to such enrollees. Prohibits payment for expenditures by an institutional provider for covered services it furnishes to the extent such expenditures are not included in such approved prospective budget. Requires Board regulations to provide for methods of cost apportionment among insurers and HMOs in accordance with specified criteria. Allows such methods to include apportionment based on: (1) the number of treatments of particular conditions or diagnoses; (2) the relative value of the health-care services furnished (with respect to indices of relative values to be established by the Board); or (3) the number of admissions, patient days, diagnoses, or other easily determinable factor that may fairly allocate costs. Allows a State health board, when regulations provide for more than one apportionment method, to select and require the use of one such method. Requires each institutional provider in a State with an approved prospective budget to transmit annually to the State Health Board an experience report which shows the differences between the actual expenditures and services provided by the provider and those allowed for in its approved prospective budget. Directs the State Health Board to provide for: (1) the retention by the provider of one-half of savings produced by actions which lowered expenditures below those predicted; and (2) adjustments, to the extent appropriate, in the amounts of payments made by insurers and HMOs or in the prospective budget for the following year to correct unintended differences in the amount or source of payments to a provider. Provides for payment to a provider, other than an institutional provider (defined as including hospitals, skilled nursing facilities, home health agencies, community health centers and clinics, and, to the extent provided by the National Health Board, HMOs), for covered services (other than drugs, hearing aids, durable medical equipment, or laboratory services) in accordance with the lowest of: (1) the fee charged by the provider; (2) the fee agreed upon between the provider and the insurer or HMO; or (3) the applicable maximum fee schedule for the service (established by this Act). Allows the National Health Board, upon the recommendation of a State Health Board, to increase the payment to a physician provider on an individual basis to recognize performance of unusual merit by such physician. Allows such a provider to elect to be paid on a salary or fee-for-time basis if the total amount payable in a year is not greater than the total amount payable for the equivalent amount of services as computed by the applicable maximum fee schedule. Provides for payment to a provider for: (1) durable medical equipment and laboratory services in accordance with the lowest of: (A) the charge for such service; (B) the charge agreed upon between the provider and the insurer or HMO; or (C) the maximum reasonable cost for such service; and (2) drugs and hearing aids in accordance with the lowest of: (A) the provider's fee charged for dispensing the drug or hearing aid; (B) the charge agreed upon between the provider and the insurer or HMO; or (C) the highest fee permitted under the applicable fee schedule. Provides for payment to a provider for other covered services in accordance with the lowest of: (1) the charge for the service; (2) the charge agreed upon between the provider and the insurer or HMO; or (3) the maximum reasonable cost of the service, as established by the State Health Boards in accordance with national guidelines and standards. Allows the National Health Board to permit experimental or demonstration methods of reimbursement which will further the purposes of this Act. Provides for periodic review of reimbursement methods. Sets forth procedures with respect to the budget limitations, including the following: (1) monitoring by the State Health Boards, the consortia (all the clearinghouses certified under this Act with respect to the financing of covered services), insurers, and HMOs of payment made to providers; (2) reporting by insurers and each consortium of excessive payments; (3) investigation and corrective actions by the State Health Boards; (4) shifting of funds among categories of services or providers and use of contingency funds for excess expenditures due to unforeseen circumstances; (5) modification of reimbursement methods; (6) additional certifications by State Health Boards of the need for particular services; and (7) requiring insurers and HMOs to make payments for services during certain periods. Allows philanthropic contributions and supplemental payments by State and local governments to finance services additional to those reimbursed under this Act. Stipulates that capital expenditures assisted by such assistance shall not be recognized by a State Health Board in its review of prospective budgets and maximum fee schedules. Requires each institutional provider to submit to the State Health Board its proposed prospective budget for the subsequent year which covers all medical services (not merely covered services) and includes the following: (1) anticipated costs, broken down by schedules for specified costs; (2) the proportion of such costs associated with covered services; and (3) anticipated revenues, broken down by source with respect to each class of items of anticipated costs. Authorizes the National Health Board to require accompanying documentation relating to specified factors for purposes of review. Specifies the manner in which certain costs shall be treated in such prospective budgets, including the following provisions: (1) the costs of all physicians' services under contract with the provider shall be included and the amount budgeted for such services shall be reasonable in relation to the cost of obtaining such services on a salaried or other basis, whichever is less; (2) the total cost of wages and fringe-benefits for nonsupervisory employees shall be included and shall reflect any existing collective-bargaining agreement; (3) the costs of furnishing basic services to ineligible individuals shall be included if no other reimbursement is obtainable by the provider; (4) depreciation costs shall not be included, except for certain capital costs, debt repayments, and costs associated with the closing of a facility; and (5) a reasonable rate of return on equity capital with respect to certain proprietary institutions shall be included. Directs the National Health Board, after appropriate consultation, to establish guidelines respecting review and approval by State Health Boards of proposed prospective budgets of institutional providers. Requires such guidelines to include: (1) standards to determine which budgets and budgetary elements may be approved without individual scrutiny; and (2) the detailed review of a random sample. Specifies standards which may be included with respect to providers of inpatient services. Requires the guidelines to provide for the collection and reporting of data in such uniform manner as the Board may set. Establishes procedures for the review and approval of prospective budgets by the State Health Boards, including the following provisions: (1) each review shall be made public and shall (A) assess whether changes in services or capital expenditures conform to the current plan of the health systems agency in the area (mandated under title XV of the Public Health Service Act) and the most recent State Health Care Improvement Plan; (B) review the quality, accessibility, and effectiveness of provider services, taking into consideration any relevant findings of professional standards review organizations (PSROs) and of any national provider accreditation organization for that category of provider; (2) a provider shall be given the opportunity to comment on any pending disapproval; (3) the State Health Board shall consider any timely recommendations submitted by consumer groups, the provider, and employee organizations, including negotiated recommendations; (4) a State Health Board may delegate its review functions to an independent entity; and (5) such budgets may not provide for any capital acquisition or expenditure unless the provider has participated in a planning process in accordance with regulations. Requires a State Health Board to approve a budget without modification, taking into account the following factors: (1) total limits on anticipated expenditures; (2) the health systems agency plan; (3) demographic factors; (4) the impact of inflation on budget costs; (5) the effects of any approved capital expenditure or reduction, service modification plans, or future wage increases; and (6) certain other efficiency and cost-effectiveness objectives. Requires resubmission of a budget to the State Health Board if a modification is required for excess expenditures. Disallows payments to an institutional provider for covered services not included in its approved prospective budget. Requires each State Health Board to develop maximum fee schedules for covered services (other than durable medical equipment and laboratory services) after opportunity for negotiations with participating providers. Directs the National Health Board to develop guidelines for such schedules which: (1) establish the relative value of particular services, taking into account specified factors; (2) provide for geographical variations in fees, taking into consideration certain criteria; (3) set the maximum fee for a service which can be provided by two or more categories of health personnel at the lowest of the maximum fees authorized for such categories; and (4) include a formula for allowing annual changes in such schedules. Requires payment for the provision of: (1) durable medical equipment and laboratory services to be the lower of (A) the charge, or (B) the reasonable cost of the equipment or service; and (2) drugs and hearing aids to be the lower of (A) the charge, or (B) the reasonable cost of the drug or aid, plus a reasonable professional fee. Directs the National Health Board to establish guidelines for the reasonable cost of durable medical equipment, laboratory services, drugs, and hearing aids which shall be the lowest cost at which any such item of comparable quality is (or could be made) generally available in an accessible area. Provides for the computation of the professional fee with respect to drugs and hearing aids. Outlines procedures for the use of negotiations to determine the amounts of payments to providers. Directs the National Health Board to establish criteria for the selection of the negotiating groups for each of the following groups of providers: (1) hospitals; (2) skilled nursing facilities; (3) home health care agencies; (4) other institutional providers, including community health centers, migrant health centers, and health clinics; (5) physicians; (6) other non-institutional providers, such as pharmacists, physical and occupational therapists; and (7) hospital employees. Sets forth requirements for representation within such groups. Requires that the selection guidelines by the National Health Board shall provide for: (1) differences in the sizes of the various negotiating groups; (2) proportional representation for each type of health-care provider; (3) three-year terms for each representative; and (4) nomination and election methods. Provides that such negotiations shall concern: (1) limitations with respect to payments made to institutional providers on the basis of approved prospective budgets; (2) maximum-fee schedules; (3) reasonable cost levels with respect to durable medical equipment, laboratory services, drugs, and hearing aids; and (4) other cost control methods. Allows a State Health Board to incorporate within its annual State budget the provision of any agreement reached as the result of such negotiations which would keep expenditures within the budgetary limits. Title III- Part C, Determining Amounts of Premiums and Incentive Payments and Benefits - Directs the National Health Board to establish, in conjunction with the adoption of the Annual Budget and after negotiations with consortia, participating insurers, and HMOs: (1) a national community-rated premium; and (2) a national premium rate. Requires the national community-rated premium to be set so that, if such amount were paid by the members of each family enrolled through an employer plan, the total premiums paid would equal the anticipated expenditures under the Annual Budget, including payments to providers for basic services and administrative costs, but excluding administrative costs for the National and State Health Boards, PSROs, contingency funding, and the costs of covered services to persons who are Medicare-, SSI-, AFDC-eligible residents of Federal or State institutions, or members of the uniformed services on active duty. Requires that the national premium rate be set so that the sum of all wage-related and non-wage related premiums, the government payment for unpaid private premiums, and the voluntary premiums under international agreements equals the anticipated expenditures for covered services to Medicare- eligible, SSI-eligible, and AFC-eligible individuals, and residents of Federal and State institutions. Directs the Board to establish a group-related premium for SSI-eligible individuals and for residents of Federal and State institutions who are enrolled in a qualified plan. Requires that: (1) such premium be set so that the total amounts paid on behalf of such individuals equals the expenditures for furnishing care to such persons; and (2) such premium be adjusted annually to reflect the actual cost experience with respect to such expenditures. Provides that the national community-rated premium and the national premium rate are to apply as the State community-rated premium and the premium rate for each State, unless a State is able to provide for reduced premiums by negotiating a lower level of approved expenditures than would otherwise be provided for in the national budget. Requires each State to establish a group-rated premium for AFDC-eligible individuals and residents of State institutions. Requires that such premium: (1) be set so that the total amounts paid on behalf of such individuals equals the expenditures for furnishing care to such persons; and (2) be adjusted annually to reflect the actual cost experience with respect to such expenditures. Permits a participating insurer or HMO to offer eligible individuals (other than Medicare eligibles) an incentive to enroll in a qualified plan by providing additional services or by paying dividends or cash rebates on premiums. Permits an HMO to offer such incentives to Medicare-eligible persons. Sets forth requirements with respect to such dividend and cash rebates, including that: (1) in the case of employed enrollees, they be divided between the employees and employer in accordance with Board procedures; and (2) they not be treated as taxable income to individuals or income under federally-assisted welfare programs, nor reduce any credit relating to a limit on the amount of private premium payments. Sets a limit on the amount of premiums paid with respect to members of a family unit as employees and by members of the family unit. Provides for a refund to families of amounts in excess of such limit. Title III-Part D, Payment and Collection of Premiums - Requires each employer to pay to the applicable consortium on behalf of each employee for each payroll period an amount equal to the product of the wages paid during such period and the applicable State premium rate. Permits an employer (subject to any collective-bargaining agreement) to require employees to pay up to 35 percent of such amount. Requires an employer to pay any voluntary contributions such employee may wish to have made on his behalf. Permits an employer to obtain certification from the Board as an impacted employer and so qualify for: (1) a payment from the Board if such employer is a State employer or nonprofit employer; or (2) a tax credit with respect to other employers. Specifies the formula for determining such payment or credit. Defines terms for the purposes of this section. Requires all persons (with specified exceptions) to pay to the applicable consortium an amount equal to the product of one-half the State premium rate and the amount of non-wage-related income of such persons' family units. Requires such persons to file quarterly information returns in accordance with Board regulations. Authorizes the Board to impose a collection surcharge for untimely payments. Prescribes the payment procedure for premiums under executive agreements. Requires: (1) the Board to make monthly premium payments to consortia on behalf of SSI-eligible individuals and residents of Federal institutions; and (2) each State to make monthly premium payments to consortia on behalf of AFDC-eligible individuals and residents of State institutions. Sets forth rules regarding Government compensation to consortia for certain uncollected premiums and an assessment against State or local governments which fail to make a required employer payment. Title III-Part E Distribution of Premiums - Requires the consortia to: (1) compute for each capitation individual an amount equal to the average anticipated expenditure in the State budget for the individual, including certain administrative costs and funds for the contingency fund, but excluding the administrative costs of the State health board; and (2) report such amounts to the Board for review. Requires each consortium to adjust capitation amounts to reflect for a specific capitation individual: (1) the relative actual costs of providing covered services in the area of such person's residency; and (2) the actuarial risk associated with the individual's characteristics. Requires that such risk adjustment be made to eliminate financial incentives for insurers or HMOs to practice risk selection or experience rating. Requires that the total of capitation amounts and adjusted capitation amounts for enrollees in a State be equal to the total expenditures in the State budget for the provision and administration of covered services, excluding State health board administrative expenses. Requires each consortium to apportion to its members an adjusted capitation amount for each capitation individual and a group-rated premium for each group-rated individual. Requires these amounts to be paid to members in installments consistent with Board guidelines. Directs the Board to provide supplementary payments from the Health Resources Distribution Fund to participating HMOs in operation for less than five years. Requires consortia to provide, in accordance with Board guidelines, for redistribution of collected premiums to assure that each consortium is provided an adjusted capitation amount for each capitation individual, and a group-rated premium for each group-rated individual. Directs each consortium to maintain a contingency fund for expenditures for unforeseen circumstances beyond the control of insurers or HMOs. Authorizes the Board, in any year when premiums collected are less than amounts provided in the annual budget, to guarantee the principle and interest of loans issued by the consortia to assure adequate revenues. Sets forth requirements with respect to such loans. Directs the Board, in any year when premiums collected are greater than provided for in the annual budget, to provide for the consortia to distribute such excess funds, including appropriate adjustments in subsequent national and State budgets. Title IV: Administration-Part A, National Health Board and State Health Boards Establishes an independent, five-member National Health Board, to be appointed by the President, to (among other specific functions): (1) establish commissions, bureaus, divisions, offices, and other entities required by this Act or deemed appropriate; (2) perform the functions of a participating insurer, HMO, or consortium with respect to any area or group of insurers for which there is no certified insurer or consortium; (3) perform the functions of a State health board with respect to any State in which such a board has not been established; (4) establish administrative procedures with respect to consumer and provider appeals from State health board decisions; (5) be responsible for the general implementation of this Act; and (6) study and evaluate on a continuing basis the operation of this Act. Transfers to the Board all functions of the Secretary of HEW relating to specified provisions of: (1) the Social Security Act (including Maternal and Child Health Services, Professional Standards Review Organizations, Medicaid, and Medicare); (2) the Public Health Service Act (but excluding, among other provisions, certain provisions of title III (Administration), title IV (National Research Institutes), title V (Miscellaneous), title X (Population Research), and title XIV (Safety of Public Water Systems); (3) the Community Mental Health Centers Act; (4) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970; (5) the Drug Abuse Office and Treatment Act of 1972; and (6) the provision of health care services to Indians (PL 94-437). Requires the Board to have: (1) an Ombudsman, to investigate complaints about program operation; (2) an advocate, to assist consumers in determining and protecting their rights to services; and (3) an inspector general, to direct the auditing and investigative activities of the Board. Directs the Board to establish the following Commissions: (1) Commission on Benefits, to review and make recommendations with respect to the provision of basic covered services under qualified plans and determine their cost and effectiveness in improving public health; (2) Commission on Quality, to review and make recommendations with respect to the quality of health services provided under this Act; (3) Commission on Access, to review and make recommendations with respect to the utilization of covered services by the different categories of eligible individuals; and (4) Commission on Health Care Organization, to review and make recommendations with respect to the cost and effectiveness of methods for the delivery of services. Requires at least one-half of the members of each Commission to be consumers or representatives of consumers and to include appropriate representation of health care providers and other participants. Establishes: (1) a nine-member Commission on the Health of Americans, to be appointed by the President, to conduct an ongoing review of the health status of the U.S. population and to review a broad range of proposals for improving such health status, including research, environmental programs, highway safety, public health programs, and personal health services programs; and (2) under the direction of the National Health Board, a National Institutes of Health Care Research which shall be composed of (A) an Institute of Health Statistics, (B) an Institute of Health Services Research, and (C) an Institute of Health Technology Evaluation. Transfers to such Institutes certain functions of the Secretary under the Public Health Service Act. Requires each State to charter as a public corporation a State health insurance corporation in accordance with Board guidelines. Directs each State health board (that is, the board of directors of the State corporation) to establish an ombudsman, an advocate, and such advisory commissions as are appropriate to carry out its functions. Delineates the duties of such boards. Title IV - Part B, Participating Insurers, Health Maintenance Organizations, and Consortia - Directs the Board to certify an insurer or HMO when certain conditions are met, including a participation agreement between the Board and the insurer or HMO containing specified provisions. Requires the insurer or HMO to: (1) become a member of the appropriate consortium; (2) offer enrollment in at least one qualified health plan which provides basic services without a charge other than the premium; (3) accept during open enrollment all eligible persons in the order they apply without restriction, up to its capacity (but permits the Board to provide for enrollment limits to reflect needs for cost-effective services and for special characteristics of self-insurers); (4) issue an enrollment card for each enrolled person; (5) pay participating providers in amounts no greater than permitted under this Act; (6) report to the State health board and its consortium on payments made and expenses incurred; (7) maintain and afford access to records by the consortium, State health boards, and the Board and provide confidential treatment of individually-identifiable records; (8) offer any rebates or other benefits to all enrollees on the same basis; (9) establish hearing procedures for an enrollee or provider who is dissatisfied with respect to certain services or payments; and (10) comply with other reasonable regulations respecting marketing and customer service practices which the Board establishes. Directs the Board to agree that, in return for agreed-upon services and understandings, the insurer or HMO is to be paid by its consortium for each enrollee in a qualified plan. Requires the Board to certify in each State one consortium for each of the following types of insurers or HMOS: (1) a Blue Cross-Blue Shield consortium, representing nonprofit State-chartered medical/hospital service corporations; (2) a commercial insurance carrier consortium, representing profit-making commercial insurers not directly furnishing health care services; (3) a prepaid group practice HMO consortium; (4) an individual practice association HMO consortium; and (5) a self-insurer consortium. Permits an insurer or HMO to serve as a member of a different consortium with the approval of the Board and the consortium. Sets forth requirements with respect to these consortia including: (1) a participation agreement between the Board and the consortium containing specified provisions; (2) that the consortium provide for premium collection and reallocation and pay members for each enrollee; (3)that a contingency fund be maintained; (4) that certain information be reported regularly to the Board; (5) that the consortium negotiate with provider groups in establishing prospective budgets and maximum fee schedules in areas where its members offer plans; (6) that certain review procedures be established for dissatisfied enrollees and providers; and (7) that other regulations be followed. Establishes as a defense in any civil or criminal antitrust action brought with respect to actions by a participating insurer or HMO or consortium that such actions were taken in the course of performing duties required under agreements entered into under this Act. Directs the Board, after consultation with the Attorney General and the Federal Trade Commission, to prescribe standards and procedures for the conduct of insurers, HMOs, and consortia which is consistent with the promotion of competition. Directs the Board to investigate complaints by a participating insurer or HMO that another participating organization has engaged in anticompetitive activity. Title V: Health Care Improvement Program - Directs the National Health Board to establish a program to improve the distribution of health care resources in the United States in order to promote the improvement in the quality, accessibility, and efficiency of services provided under this Act. Establishes in the Treasury the Health Resources Distribution Fund. Directs the Board to make grants to the State health boards from the Fund for projects to achieve the purposes of the program, including: (1) the conversion or closure of health care facilities; (2) the provision of health care services in health manpower shortage areas; (3) renovations of institutional health care facilities; (4) HMO and other delivery systems; (5) educational programs for health professionals to meet projected needs; and (6) continuing professional education programs. Requires that the Board allocate an amount to each State health board based on the State's needs as reflected in the National Health Care Improvement Plan. Requires that each State health board provide for a program for the education of consumers concerning health and their rights and privileges under this Act. Directs the Board to: (1) study the impact of this Act on, and means of improving, the Medicaid programs, and report appropriate recommendations to Congress within five years of enactment; (2) provide for the development and demonstration of methods to improve (A) the coordination of services by different providers, (B) the provision of services, and (C) peer review and control of utilization and quality in the provision of drugs, laboratory services, and other services under this Act and Medicare; (3) provide for demonstration projects to evaluate the feasibility of providing hospice services as part of basic covered health- care services; (4) provide for an analysis of provider malpractice and the provision of malpractice insurance, and report recommendations to Congress within two years of enactment. Directs the Board to provide for the conduct of a demonstration project in the organization, delivery, and financing of personal care services to groups likely to require such services. Requires that the Board make grants for establishing and maintaining programs to provide personal care services for a substantial population of persons residing in their homes who would otherwise be required to reside in an institution providing personal care services. Sets forth requirements with respect to such program. Directs the Board to transmit to Congress a comprehensive report with appropriate recommendations within five years of enactment. Title VI- Effective Dates, Transition Provisions, Amendments - Part A, Effective Dates and Transition Provisions - Sets forth effective dates for provisions of this Act. Provides for a special national premium rate for the period between October 1 and December 31 of the year before the first effective year. Directs the Board to establish for localities within each State maximum fee schedules applicable to services reimbursed under Medicare Part B for the period between July 1 and January 1 of the first effective year. Requires the Board to establish regulations, guidelines, standards, and procedures providing for the orderly administration of the Act, and to report to Congress within 18 months of enactment its progress in establishing implementation procedures. Directs the General Accounting Office to report to Congress within 18 months of enactment on the Board's progress. Provides that this Act does not alter or affect any contractual or other nonstatutory obligation of an employer to pay for or provide health services to present or former employees if the effect shifts the obligation in any part to such persons. Sets forth provisions relating to transfer of functions. Title VI: - Part B, Medicare-Related Amendments - Amends title XVIII of the Social Security Act (Medicare) to conform such Act with the Health Care for All Americans Act. Eliminates the prohibition against Federal supervision or control over the practice of medicine and the compensation of employees and officers of health care providers. Includes the following changes among those relating to eligibility: (1) broadens Medicare entitlement to include citizens of the U.S., persons legally admitted for permanent residence, and certain other persons aged 65 and over; (2) deletes the 24-month waiting period for eligibility for the disabled; and (3) entitles individuals to enroll in a participating HMO. Changes Medicare Part B from a voluntary insurance program to an entitlement program financed by premium payments and Federal funds. Includes the following among the changes relating to the scope of benefits: (1) deletes the limitation on inpatient hospital days; (2) adds mental health day care services; (3) replaces the existing limitation on inpatient psychiatric hospital services with a 150 consecutive day limit for Medicare purposes and a 45-consecutive-day limit for purposes of the Health Care for All Americans Act. Limits payment for outpatient psychiatric services and services related to the diagnosis or treatment of mental illness to an annual amount equal to 20 times the fee set forth in the maximum fee schedule for a psychiatrist's visit. Limits to $100 payment for certain outpatient therapy services in the therapist's office or beneficiary's home. Conforms coverage for end-stage renal disease with the provisions of the Health Care for All Americans Act. Includes the following among the changes relating to exclusions from coverage: (1) extends the applicability of exclusions to the Health Care for All Americans Act; (2) stipulates that preventive services are not excluded; (3) excludes hearing aids and related examinations only if they exceed one every three years, and one per individual; (4) eliminates the exclusion relating to orthopedic shoes; (5) permits the waiver, under certain conditions of the foot care exclusions for persons with diabetes mellitus; and (6) adds a new exclusion for insulin or outpatient prescription drugs for chronic conditions exceeding maximum amounts established by the Board. Makes technical and conforming amendments to Medicare Parts A and B relating to: (1) requirements for certification and requests for payment; (2) agreements with participating providers; (3) the use of State agencies to determine compliance with conditions of participation; (4) PSROs; and (5) payments to HMOs. Requires providers prescribing outpatient prescription drugs to use only generic or other names and specify such amounts as the Board may provide to insure quality and efficiency. Makes certain revisions with respect to payments to institutional and other providers and the administration of benefits. Repeals the deductible and coinsurance provision of the Medicare Part A program and the existing definition of "reasonable cost". Expands the definition of employment subject to the Medicare hospital insurance tax to include employment with Federal, State, and local governments, service performed for charitable organizations, service performed by certain employee representatives, certain students, and other organizations. Repeals provisions relating to the establishment of the Health Insurance Benefits Advisory Council. Applies certain procedural provisions of title II of the Social Security Act (Old-Age, Survivors and Disability Insurance) to Medicare and to the Health Care for All Americans Act. Amends title XIX of the Social Security Act (Medicaid) to establish a new arrangement for the determination of the Federal Medicaid payment, by which payment is to be equal to "excess State payments" according to a specified formula. Increases the Federal share of certain State Medicaid expenditures, including: (1) the training and compensation of skilled professional personnel (from 75 to 90 percent); (2) operation of management information systems (from 75 to 90 percent); and (3) general administration (from 50 to 90 percent). Establishes certain additional State Medicaid plan requirements including that States: (1) continue to provide services (other than those covered under the Health Care for All Americans Act) in the amount, duration, and scope as were covered by the States in the quarter before the first effective year of the program; (2) pay premiums on behalf of AFDC-eligible recipients; and (3) reimburse providers in a manner consistent with methods established by the Board. Requires any State not having a Medicaid program to enter into an agreement with the Board by which the State agrees to pay premiums on behalf of AFDC-eligible recipients and receives financial assistance from the Board. Amends title XI of the Social Security Act (General Provisions and PSROs) to: (1) extend the provisions for uniform reporting and disclosure of ownership and related information to the Health Care for All Americans Act; and (2) repeal the provisions relating to limitations on capital expenditures and programs for determining the qualifications of certain health care personnel. Amends the Internal Revenue Code to eliminate the present deduction for health insurance payments. Permits a deduction for amounts of medical expense not compensated for by insurance, in excess of three percent of adjusted gross income. Adds a new excess health insurance credit for impacted employers. Establishes special rules for computing such credit with respect to controlled groups of corporations and employees of partnerships and proprietorships which are under common control. Amends title XIII of the Public Health Service Act (Health Maintenance Organizations) to make conforming and certain other revisions with respect to the organization and operation of HMOs.
United States · United States Congress · 2 August 1979
Federal Employees Dental Benefits Act of 1979 - Directs the Office of Personnel Management (OPM) to contract for the following dental benefits plans for Federal employees: (1) a service benefit plan; (2) an indemnity benefit plan; (3) employee organization plans; and (4) health maintenance organization plans. Requires that the benefits under such plans include: (1) diagnostic services; (2) preventive care; (3) emergency dental care services; (4) fillings; and (5) extractions. Permits a plan, subject to approval of the OPM, to: (1) offer additional benefits; (2) require copayments not exceeding 50 percent of the value of such additional benefits; (3) limit the amount a beneficiary may be paid during a calendar year under such a plan; and (4) impose a calendar year deductible for each beneficiary. Allows the OPM to enter into contracts for such plans without regard to specified provisions of Federal law requiring competitive bidding. Sets forth requirements concerning: (1) the length and rates of such a contract; and (2) obligations of any carrier of such a plan. States that such contracts are not subject to the Federal Procurement Regulations. Directs the OPM to establish audit requirements which do not conflict with such Regulations to carry out the purposes of this Act. Allows an employee to enroll in a dental benefits plan as an individual or for self and family. Permits certain annuitants to continue enrollment in such a plan under conditions of eligibility prescribed by regulations of the OPM. Prohibits an individual from enrolling both as an employee or annuitant and as a member of the family. Specifies conditions under which an employee may change enrollment. Specifies the biweekly contributions of the Government and the enrolled individual toward the subscription charge of a dental benefits plan. Directs the OPM to provide individuals who are eligible for such a plan with sufficient information to enable the individual to make an informed choice among the types of plans. Requires that each enrolled individual receive a document summarizing: (1) the benefits of the plans; (2) the procedure for obtaining benefits; and (3) all provisions of the plan affecting the individual. Creates the Employees Dental Benefits Fund into which the contributions of the Government and enrolled individuals shall be paid. Directs the OPM to: (1) administer this Act; (2) make a continuing study of the operation of this Act and of the plans under this Act; and (3) transmit an annual report of its findings to Congress. Authorizes expenditures from the Employees Life Insurance Fund to pay administrative expenses of the OPM in carrying out provisions of this Act. Requires the reimbursement of such expenditures plus interest from the Federal Employees Dental Benefits Fund.
United States · United States Congress · 2 August 1979
Expresses the sense of Congress that the Soviet Union should, with regard to the 1980 summer Olympics: (1) permit full participation by athletes, spectators, and journalists; (2) issue visas, admission tickets, and hotel reservations on a nondiscriminatory basis; (3) not interfere with news coverage; and (4) not prevent or punish its citizens for communicating with participants.
United States · United States Congress · 31 July 1979
Fisheries Advanced Technology Transfer Act of 1979 - Requires the Secretary of Commerce to conduct a study of the fish harvesting and processing techniques and technologies which are utilized in foreign nations and in the United States which can be used or adapted for use in harvesting or processing fish or fish products within the United States fisheries. Declares that such technologies and techniques may include, but are not limited to, those involving or related to fishing gear, processing equipment, vessels, harvesting methods, or processing methods. Requires the Secretary of Commerce to report the results of such study to the House Committee on Merchant Marine and Fisheries and the Senate Committee on Commerce, Science, and Transportation, within six months after the date of enactment of this Act. Permits organizations in the fishing industry and regional fishery development foundations to submit applications for funds to conduct projects which will enable such persons, foundations, and organizations to utilize the advanced technologies and techniques in commercial harvesting and processing of fish. Directs the Secretary, when considering such project applications, to take into account the extent to which: (1) a project addresses both the harvesting and processing of fish; (2) a project addresses problems common to more than one fishery, State, or region; (3) the project promotes the United States' efficient utilization of fishery resources within the United States fishery conservation zone; (4) the project minimizes costs and avoids unnecessary duplication; and (5) applicants are able to defray the cost of conducting a project by providing matching funds or in-kind contributions of equipment, labor, or services, including, but not limited to, boats, gear, and locations.
United States · United States Congress · 30 July 1979
Veterans' Administration Administrative Procedure and Judicial Review Act - Repeals provisions permitting the Administrator of Veterans' Affairs to determine and pay fees to agents or attorneys representing veterans' claims under laws administered by the Veterans' Administration (VA). Provides for judicial review of certain administrative decisions made by the Administrator. Applies the provisions of the Administrative Procedure Act to all VA rules, regulations, and determinations.
United States · United States Congress · 27 July 1979
Consumer Checking Account Equity Act of 1979 - Amends the Federal Reserve Act and the Federal Deposit Insurance Act to authorize member banks in the Federal Reserve System and federally insured nonmember banks to make automatic funds transfers from a savings deposit to a demand deposit pursuant to the written authorization of the depositor to make such transfers in connection with checks or drafts drawn upon the bank. Authorizes federally insured banks and savings and loan associations, State banks and savings and loan associations, savings banks, and mutual savings banks to offer interest-bearing deposits or accounts upon which the depositor may make withdrawals by negotiable instrument for the purpose of making transfers to third parties (NOW accounts). Stipulates that such deposits or accounts may only be held by individuals or nonprofit organizations. Amends the Home Owners' Loan Act of 1933 to permit Federal savings and loan associations and Federal mutual savings banks to establish remote service units pursuant to regulations of the Federal Home Loan Bank Board. Authorizes such associations to extend loans directly related to negotiable order of withdrawal accounts. Amends the Federal Home Loan Bank Act to require any institution which has subscribed for the stock of a Federal Home Loan Bank to maintain reserves against its negotiable order of withdrawal accounts pursuant to regulations prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System. Prescribes the required form of such balances. Amends the Federal Credit Union Act to permit insured credit unions to offer share draft deposits to individuals and nonprofit organizations in accordance with regulations prescribed by the National Credit Union Administration Board. Requires each Federal credit union to maintain reserves against such deposits in amounts and forms prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System.
United States · United States Congress · 27 July 1979
Title I: Purposes and Definitions - Declares that the purpose of this Act is to provide for a coordinated, simplified, and prompt process for Federal approval of nonnuclear energy facilities which are determined to be in the national interest. Title II: Priority Projects - Authorizes the President to establish an Energy Mobilization Board to be composed of members appointed by the President. Sets forth the general duties and powers of such Board. Stipulates that any action by the Board in designating a priority energy project shall not be considered as a "major Federal action" for purposes of the National Environmental Policy Act of 1969 (NEPA). Directs the Council on Environmental Quality to determine whether any Federal action relating to the Priority Energy Project, after it has been so designated and prior to establishing the Project Schedule, will be a "major Federal action" for purposes of compliance with NEPA. Directs the Board to designate Priority Energy Projects, based on specified criteria, and to publish a Project Decision Schedule containing deadlines for all Federal actions relating to such projects. Directs the President to make any decisions or perform any actions in the event that an agency or department fails to meet its deadline. Stipulates that nothing in this Act shall prohibit any agency from making a negative determination with regard to such projects if it is within the agency's authority to do so, and provides that in the event a negative decision is rendered, the Priority Energy Project designation shall be terminated. Limits to 24 the number of Priority Energy Projects to be designated in any one year. Provides for coordination of the actions of Federal, State, and local governments. Directs the Board to recommend to any State Governor and to the Congress actions to alleviate or prevent any delays in a priority project created or threatened by any State or local government. Authorizes waivers of Federal, State, or local law upon the Board's determination that any Federal, State, or local time requirement for agency action is unreasonable and would impede the making of any agency decision. Specifies the procedure for obtaining such waivers. Title III: Judicial Review and Miscellaneous Provisions - Limits judicial review to cases of absolute necessity involving alleged denial of rights under the United States Constitution or violations of statutory jurisdiction, authority, limitations, or rights. Sets time limits for filing claims arising out of actions taken pursuant to this Act, and bars any claims filed thereafter. Stipulates that such claims shall be brought in the district court of the district in which the Priority Energy Project would be located, and grants exclusive original jurisdiction to such court in such matters. Directs such court to give precedence to such matters over all other matters on the court's docket, to the greatest extent practicable. Authorizes the Supreme Court, exclusively, to review interlocutory judgments or orders of the district court pursuant to this title, and directs the Supreme Court to give precedence to such matters. Terminates the Board's authority to designate priority projects seven years after the date of enactment of this Act. Authorizes the appropriation of $2,000,000 for fiscal year 1980 to carry out this Act.
United States · United States Congress · 27 July 1979
Daniel James Memorial Center for Preventive Health Education Act - Directs the Commissioner of Education to make a grant to Tuskegee Institute in Alabama for the construction of a building in memory of General Daniel James, to be known as the "Daniel James Memorial Center for Preventive Health Education. States that such Center shall serve as a repository for the papers and memorabilia relating to General James' life, and shall function as an athletic, educational, cultural, and community center.
United States · United States Congress · 27 July 1979
Expresses the sense of the Congress that: (1) the President should express disapproval to the Soviet Union concerning the nondelivery of mail to persons in the Soviet Union; (2) the State Department should bring such violations to the attention of member countries of the Universal Postal Union; and (3) the U.S. delegation to the Congress of the Universal Postal Union should ask members to take measures that would encourage improved postal performance by the Soviet Union.
United States · United States Congress · 24 July 1979
Educational Testing Act of 1979 - Declares the purpose of this Act to be to: (1) ensure that test subjects and persons using test results are aware of the uses and limitations of standardized tests in postsecondary education admissions; (2) make test-related information available to the public; (3) protect the public interest by promoting more knowledge about the use of standardized test results and by promoting greater accuracy in the administration and interpretation of such tests; and (4) encourage the use of multiple criteria in the grant or denial of any significant educational benefit. Requires each testing agency to provide to a test subject information concerning: (1) the purposes of the test; (2) the subject matters and the areas of skill or knowledge being tested; (3) interpretation and use of the results; (4) the form in which the scores will be reported; (5) any promises made by a testing agency with regard to accuracy, forwarding, and privacy of information of such scores; (6) the property interest of a test subject in such scores, and their storage, disposal, or future use; (7) the time period for mailing such scores to a test subject and designated recipients; (8) special services to accommodate handicapped test subjects; and (9) notice of the information rights and review procedure available to a test subject. Requires a testing agency to notify a test subject and designated recipients if the scores will be delayed ten days or more. Requires a testing agency to provide to the Commissioner of Education information concerning any study or statistical report pertaining to a test which it prepares or for which it provides data. Stipulates that such information shall be considered records for public information purposes. Directs the Commissioner to report to the Congress with regard to such information within one year of enactment of this Act. Requires a testing agency (with regard to any tests administered to 5,000 or more subjects nationally over a testing year) to file with the Commissioner: (1) a copy of all test questions used in determining such test's raw score; (2) the corresponding correct answers; and (3) all rules for transferring raw scores into the scores as reported to a test subject and designated recipients. Stipulates that such information shall be considered records for public information purposes. Requires a testing agency, upon request, to send to a test subject: (1) a copy of the test questions used to determine the raw score; (2) such test subject's answer sheet, along with the corresponding correct answers; and (3) a statement of the raw score if such request is made within 90 days of the release of the test score to the subject. Authorizes a fee to be charged to cover the costs of providing a test subject with such information. Prohibits test scores from being disclosed by a testing agency to any person, institution, or governmental agency unless specifically designated as a recipient by a test subject. Authorizes previous scores to be released to any currently designated recipient. Requires a testing agency to report specified cost-related information to the Commissioner to ensure that such tests are being offered at a reasonable cost. Requires additional cost-related information to be submitted if a separate fee is charged for admissions data assembly or score reporting services (as defined by this Act). Provides a civil penalty of up to $2,000 for each violation of this Act by a test agency. Defines "standardized test" to mean a test affecting or distributed through interstate commerce (exclusive of one used by an individual institution for its own purposes or one used for non-admissions or credit-examination purposes): (1) used for postsecondary admissions; or (2) used for preliminary preparation for such postsecondary admissions tests.
United States · United States Congress · 28 June 1979
Smaller Enterprise Regulatory Improvement Act - Amends the Small Business Act to require each Federal agency to publish semiannually an agenda of those rules which may be proposed during the upcoming six-month period affecting a substantial number of small business concerns and small organizations. Defines "small organizations" to include unincorporated businesses, sheltered workshops, nonprofit enterprises which are not dominant in their fields and such other groups and enterprises as each Federal agency shall establish by rule. Requires each published agenda to be transmitted to the Office of Advocacy of the Small Business Administration for comments. Directs each Federal agency to endeavor to provide notice of each agenda to affected small enterprises by means other than publication in the Federal Register. Directs each Federal agency to publish a written analysis prior to the issuance of any rule affecting a substantial number of small business concerns and organizations which considers: (1) the effect of such rule on small enterprises and competition; (2) whether an exemption could be provided such small enterprises; (3) whether lesser compliance standards could be adopted for small enterprises; and (4) the expected nature of reporting and recordkeeping requirements necessitated by such rule. Requires each Federal agency to issue a rule containing an exemption or differing compliance standards for such small business concerns and organizations if it is lawful, desirable, and feasible to do so. States that such small enterprises shall be given an opportunity to participate in agency rulemaking. Requires each agency to review its existing rules and prepare an analysis for purposes of eliminating those rules which are most burdensome to small businesses and organizations. Permits any agency to perform the analyses required by this Act in conjunction with any other analysis required by law. Declares that such other analysis shall not in itself satisfy the requirements of this Act.
United States · United States Congress · 28 June 1979
Appropriates $513,000,000 to the Administrator of General Services for fiscal year 1980 for purchasing silver for stock piling under the Strategic and Critical Materials Stock Piling Act.
United States · United States Congress · 26 June 1979
Authorizes the President, on behalf of the Congress, to present a gold medal of appropriate design to Bryan Lewis Allen, the first aviator to cross the English Channel in a self-powered plane. Authorizes appropriations of up to $15,000 to strike such medal. Authorizes the Secretary of the Treasury to strike bronze duplicates of such medal for sale to the public.
United States · United States Congress · 18 June 1979
Amends the Comprehensive Employment and Training Act (CETA) to direct the Secretary of Labor ("the Secretary"), in cooperation with the Secretaries of Energy and the Interior, to assess and report to Congress on the current and projected adequacy of the supply of manpower for the development and expansion of energy technologies and industries to meet domestic needs. Requires such assessment to include specific findings and recommendations concerning the additional employment and training programs or projects needed to provide the necessary manpower, for 1980 through 1984, to fully develop and utilize all domestic energy sources. Directs the Secretary to recommend to prime sponsors programs necessary to fulfill such manpower needs for each of the five years. Prohibits the approval of any CETA plan for any fiscal year beginning after September 30, 1980, unless it is reasonably responsive to such recommendations.
United States · United States Congress · 18 June 1979
Entitles a Federal employee whose residence is outside the continental United States but within a U.S. territory or possession and whose post of duty is outside such territory or possession to round-trip travel expenses between such post and such residence when taking leave between assignments.
United States · United States Congress · 14 June 1979
Youth Employment Act of 1979 - Title I: Amendments to Title IV of the Comprehensive Employment and Training Act - Establishes a program of guarantees of employment and training for disadvantaged youth under the Comprehensive Employment and Training Act (CETA). Ends the program of demonstration projects designed to demonstrate the efficacy of the employment guarantee program. Adds, as a condition of eligibility for participation in such program, the requirement that a disadvantaged youth be from a rural or urban "poverty area" as such term is described in this Act. Directs the Secretary of Labor to enter into arrangements with public and nonprofit private agencies to provide employment and training services under this Act when no application of a prime sponsor has been submitted or approved, or when the approval of a prime sponsor has been terminated. Directs the Secretary to submit to Congress a plan for the establishment of such youth incentive entitlement programs throughout the United States by a specified date. Authorizes appropriations for the payment of prime sponsor entitlements for programs under this Act for fiscal years 1981 through 1984. Authorizes the use of up to 20 percent of funds for such programs for youths who do not meet the stated eligibility requirements, but who have encountered barriers to employment. Authorizes the Secretary to provide financial assistance to programs of community conservation and improvement youth employment projects to be carried out by eligible youths and appropriate supervisory personnel. Authorizes appropriations to carry out certain youth and employment training programs for fiscal years 1981 through 1984. Repeals the provision for the distribution of funds among the various programs established under this Act. Requires prime sponsors to assist each youth in such youth employment programs to establish a personalized employability plan. Authorizes appropriations for fiscal year 1981 and thereafter to provide additional nonresidential Job Corps opportunities in nonresidential institutional skill centers for youth residing in high unemployment or economically disadvantaged areas. Authorizes the Secretary to enter into cooperative agreements for youth employment with Federal agencies. Directs the Secretary to reimburse such agencies for such projects. Sets forth criteria by which the eligibility of such projects for funds under this Act shall be determined. Authorizes the Secretary to enter into agreements with Federal executive agencies, the Postal Service, or the Postal Rate Commission to provide youth employment. Sets forth eligibility standards and conditions of employment for project enrollees. Authorizes appropriations for fiscal years 1981 through 1984 for such Federal youth employment projects. Title II: Amendments to Title VII of the Comprehensive Employment and Training Act - Permits prime sponsors, with the approval of the Secretary, to establish programs of providing demonstration grants from specified funds to private employers for community service projects approved by private industry councils, with any profits to be used to further the purposes of the projects. Authorizes appropriations for such grants for fiscal years 1981 and 1982. Declares that, for the purposes of any other law: (1) no activity for the employment or training of youths under age 25 conducted under the Comprehensive Employment and Training Act shall be deemed to be on-the-job training; and (2) no funds received by any employer with respect to any such activity shall be deemed to be funds received from the Federal Government for purposes of on-the-job training. Title III: Work Incentive Extension - Authorizes the Secretaries of Health, Education, and Welfare and of Labor to carry out the work incentive program under Title IV (Grants to States for Aid and Services to Needy Families with Children and for Child Welfare Services) of the Social Security Act from sums authorized to be appropriated by this Act without regard to non-federal matching fund requirements. Authorizes appropriations for fiscal years 1981 through 1984 for the work incentive program for parents under age 22 who volunteer to participate in such program under the Social Security Act. Title IV: Interagency Coordinating Committee for Youth Employment - Youth Employment Coordination Act of 1979 - Establishes in the executive branch an Interagency Coordinating Committee for Youth Employment to assist interagency cooperative projects to improve the employability of disadvantaged youth. Limits the amount of Federal funds available for such projects to ten percent of the total estimated project cost. Authorizes appropriations for the Committee and such projects for fiscal years 1981 through 1983. Title V: Wagner-Peyser Act Amendment - Requires States applying for certain funds under the Wagner-Peyser Act to submit to the Secretary a plan supplement for general employment services for youth and in-school service to assist youths in the transition from school to working life. Authorizes the Secretary to operate such programs in States which do not submit such supplements. Sets forth formulas (based on numbers of youth and of economically disadvantaged youth) for allocating funds for such programs. Authorizes appropriations for fiscal year 1981 and thereafter for such programs. Title VI: Apprenticeship Act Amendment - Amends the National Apprenticeship Act to direct the Secretary of Labor to: (1) designate essential occupations suitable for training through apprenticeship and other occupations which underutilize apprenticeship; (2) establish research, development, and demonstration projects for apprenticeship programs in emerging or nontraditional apprenticable occupations; (3) provide assistance and training for certain personnel needed to provide additional apprenticeship positions in certain occupations; and (4) reimburse the costs attributable to training apprentices in certain occupations for one-half of the normal term of such apprenticeship. Authorizes appropriations for fiscal year 1981 and thereafter for such reimbursement. Requires that Federal procurement contracts include a provision requiring: (1) the employment of a reasonable number of apprentices (as prescribed by the Secretary by regulation), to the extent that craft persons are to be employed in apprenticable occupations; and (2) the indenture of such apprentices to a registered program of apprenticeship. Directs the Secretary, in consultation with the Office of Personnel Management, to promote the establishment of apprenticeship programs in Federal agencies.
United States · United States Congress · 13 June 1979
Afro-American Museum Act - Establishes the Afro-American History and Culture Board which shall be responsible for the establishment of the National Museum of Afro-American History and Culture. Authorizes the museum to preserve, collect and display objects relating to the history and culture of Afro-Americans and to establish exhibits, curatorial services, library programs, archives programs, professional museum training programs and educational and extension services. Directs the Board to construct and operate the initial branch and headquarters of the museum in Wilberforce, Ohio, and to study the possibility of establishing other branches in different areas of the country.
United States · United States Congress · 8 June 1979
Amends the Immigration and Nationality Act to provide that certain restrictions on the issuance of nonimmigrant visas to alien doctors will not apply to doctors coming to practice at public hospitals or clinics in the Virgin Islands.
United States · United States Congress · 6 June 1979
Underutilized Species Development Act of 1979 - Allows any citizen of the United States to apply to the Secretary of the Department in which the National Marine Fisheries Service is located for approval of an underutilized specie development plan. Authorizes the Secretary to approve such plan if it is determined that it will facilitate the development of an underutilized specie or species. Subjects any vessels used in the training of fishermen and crew pursuant to an underutilized specie development plan and which operates in the fisheries of the United States within the territorial zone and lands any catch in the United States to specified terms and conditions. Prohibits the Secretary from approving: (1) any plan where its approval would result in the applicant and its affiliates having in effect underutilized specie development plans pursuant to which training vessels would harvest a catch equal to more than 20 percent of the total allowable level of foreign fishing established for any specie at the time of such application; or (2) any plan that would result in there being in effect plans pursuant to which training vessels would harvest a catch equal to more than 50 percent of the total allowable level of foreign fishing established for any specie at the time of such application. Declares that fish harvested by a training vessel shall be deemed fish harvested by United States vessels and the total allowable level of foreign fishing shall be reduced accordingly.
United States · United States Congress · 6 June 1979
Diabetes Research and Training Amendments and National Diabetes Advisory Board Extension Act of 1979 - Amends title IV of the Public Health Service Act (National Research Institutes) to redesignate the National Institute of Arthritis, Metabolism, and Digestive Diseases and the Advisory Council to such Institute as the National Institute of Arthritis, Metabolism, Diabetes, and Digestive Diseases and the National Arthritis, Metabolism, Diabetes, and Digestive Diseases Advisory Council. Establishes within the Advisory Council separate subcommittees on diabetes, arthritis, digestive diseases, and kidney diseases. Directs these subcommittees to: (1) review applications made to the Director of the Institute for research projects relating to such diseases and make recommendations to the Advisory Council; and (2) review and evaluate programs directed at such diseases. Establishes within the Institute the position of Associate Director for Diabetes. Sets forth the duties of the Associate Director, including: (1) having primary responsibility for all diabetes-mellitus-related activities supported or conducted by the National Institutes of Health; (2) providing information to public and private agencies with respect to such activities; and (3) reporting and making recommendations to the Director of the National Institutes of Health with respect to other enumerated functions. Extends the authorization of appropriations for diabetes research and training centers in the following amounts: $14,000,000 for fiscal year 1981, $17,000,000 for fiscal year 1982, and $20,000,000 for each of fiscal years 1983 through 1985. Directs the Secretary of Health, Education, and Welfare to provide from such amounts up to ten training stipends through each center in any fiscal year. Eliminates as an ex officio member of the National Diabetes Advisory Board the Secretary of Defense or his designee; adds as such a member the Director of the National Institute of Child Health and Human Development or his designee. Revises the terms of appointed members of the Board. Directs the Board to amend the Diabetes Plan (formulated by the National Commission on Diabetes under the National Diabetes Mellitus Research and Education Act) as is necessary to insure its continuing relevance. Extends the current level of authorizations for the purposes of the Board ($300,000 per fiscal year) through fiscal year 1985. Extends the expiration date of the Board from September 30, 1980, to September 30, 1985.
United States · United States Congress · 5 June 1979
Recreational Boating Safety and Facilities Improvement Act of 1979 - Amends the Federal Boat Safety Act of 1971 to include in the definitions of the terms "United States" and "State" the Commonwealth of the Northern Marianas, the Trust Territory of the Pacific Islands, and any other territory or possession over which the United States has jurisdiction. Directs the Secretary of the Department in which the Coast Guard is operating to implement and administer a national recreational boating safety and facilities improvement program. Authorizes the Secretary to allocate funds to States for accepted State recreational boating safety and facilities improvement programs if sufficient State matching funds are available. Directs the Secretary to accept State programs that include: (1) an approved vessel numbering system; (2) a cooperative boating safety assistance program with the Coast Guard; (3) sufficient patrol to enforce applicable State laws; (4) boating safety education; (5) a State agency to implement or coordinate the program and report to the Secretary; and (6) facilities improvement. Sets forth formulas for the allocation of funds among the States. Establishes in the Treasury a National Recreational Boating Safety and Facilities Improvement Fund from which the Secretary may allocate funds for accepted State programs. Authorizes appropriations for such State programs of $30,000,000 for each of fiscal years 1981 through 1984. Amends the Highway Revenue Act of 1956 to direct the Secretary of the Treasury to transfer certain amounts from the taxes received from special motor fuels and gasoline used in motorboats to the National Recreational Boating Safety and Facilities Improvement Fund.
United States · United States Congress · 22 May 1979
Designates the year 1979 as the "Food for Peace Year" to celebrate the twenty-fifth anniversary of the enactment of the Agricultural Trade Development and Assistance Act of 1954.
United States · United States Congress · 21 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 in-service 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 · 16 May 1979
Disabled Veterans Rehabilitation Act of 1979 - Title I: Vocational Rehabilitation Amendments - Revises veterans' vocational rehabilitation provisions to declare the purpose of this Act to be to provide all services necessary to enable veterans with service-connected disabilities to attain maximum independence, to become employable, and to obtain and maintain suitable employment. Redefines "vocational rehabilitation" to include the provision of all services required to achieve the purpose of this Act, including diagnostic, medical, social, psychological, economic, and vocational services (presently defined in terms of educational and vocational training to restore employability). Defines "employment handicap" as a disability impairing a veteran's ability to prepare for, obtain, or retain employment consistent with his or her abilities, aptitudes, and interests. Revises entitlement provisions to: (1) make eligibility run as of September 16, 1940, (rather than World War II as at present); (2) require a handicap to be an employment handicap as defined by this Act; and (3) provide for follow-up vocational services to a rehabilitated veteran in order for such veteran to enter new employment more suitable to his or her current capacity or condition. Sets forth the scope of services, including: (1) the evaluation of rehabilitation potential; (2) educational, vocational and personal counseling; (3) a vocational rehabilitation plan; (4) vocational and related services including tutorial services, tuition, books, and other training materials; (5) treatment for mental and emotional disorders; (6) medical care; (7) prosthetic and other corrective devices; (8) placement and postplacement services; (9) services to a veteran's family; (10) special rehabilitation services, including services for the blind and the deaf; (11) subsistence allowances; (12) essential employment equipment and supplies for severely disabled veterans requiring homebound training and/or self-employment; (13) transportation costs, including pre- and post-training services; and (14) work study allowances, loans, and other incidental goods and services. Revises duration of services provisions to: (1) provide basic vocational rehabilitation services for 64 months (presently 48 months); (2) remove the nine year (from discharge) eligibility limitation; and (3) provide a 12 month rehabilitation evaluation period. Revises subsistence allowance provisions to: (1) provide for payments during the evaluation of vocational rehabilitation period; (2) provide payments for unpaid on-job training or work experience in a Federal agency or during such evaluation period; (3) pay room and board expenses for individuals pursuing a program on a residential basis in a specialized rehabilitation facility; (4) provide that vocational payments be paid on a full-time basis for two months following a determination of employability; (5) set forth the rate of payment for individuals in unpaid Federal training or work experience; (6) provide payments to an individual pursuing a vocational program while in Veterans Administration (VA) or other hospital, or VA domiciliary; and (7) set forth payment guidelines for incarcerated individuals pursuing a vocational program. Authorizes personal adjustment counseling and counseling during the evaluation of rehabilitation feasibility period. Sets forth basic requirements of a vocational rehabilitation program, which shall include: (1) participation by the veteran in formulation of a written plan; and (2) a statement of objectives and goals, services and a time schedule for providing such services, and a projected completion date. Revises leave of absence provisions to remove the 30 day per year limitation on such leave. Revises the regulation of conduct provisions to remove the three-month forfeiture of subsistence allowance penalty for unsatisfactory conduct and to replace the permanent disqualification for further vocational rehabilitation penalty with a provision allowing the Administrator of Veterans' Affairs to reinstate such benefits upon satisfactory conduct. Increases the maximum amount of loan available to a veteran from $200 to $400. Authorizes vocational rehabilitation to veterans hospitalized (not pending final discharge) in VA or non-VA medical facilities. Authorizes vocational training outside the United States (presently prohibited for post-World War II veterans who were not citizens at the time of their United States military service). Directs the Administrator to assist in the development of employment and on-job training opportunities. Directs the VA to: (1) provide employment assistance; (2) provide vocational rehabilitation staff training and development; and (3) carry out an ongoing program of rehabilitation research and special projects, including grants and contracts with public and nonprofit agencies. Provides that a veteran in need of vocational rehabilitation receiving educational assistance may also receive vocational rehabilitation services as authorized by this Act. Revises provisions concerning the limitation on periods of assistance under two or more veterans' educational assistance programs to include post-Vietnam era benefits within such limitation, and to provide a 64 month aggregate eligibility period for vocational rehabilitation and such other educational assistance. Title II: Technical Amendments - Effective Date - Reduces from 30 percent to ten percent the disability rating required to entitle a veteran to priority consideration for purposes of service-connected disability or death compensation. Prohibits the payment of vocational rehabilitation benefits (as provided by this Act) to individuals on active duty pursuing an educational program or to individuals pursuing such a program under the Government Employees' Training Act. Stipulates that the provisions of this Act shall become effective as of October 1, 1979, or the first day of the second month following enactment of this Act.
United States · United States Congress · 16 May 1979
Amends the Food Stamp Act of 1977 to entitle households composed entirely of persons who are age 60 or older, or who receive supplemental security income benefits under title XVI of the Social Security Act, to a medical expense deduction in the computation of household income which is equal to the actual cost of medical expenses. Removes the $75 limit on the excess shelter expense deduction for such households.
United States · United States Congress · 14 May 1979
Amends the Federal Civil Defense Act of 1950 to implement a new civil defense program designed to: (1) enhance the survivability of the American people and its leadership; (2) enhance deterrence and stability; (3) continue reliance on strategic nuclear forces as the preponderant factor in maintaining deterrence; and (4) plan for population relocation during times of international crisis. Requires the President to develop and execute such program. Stipulates that such program include the following elements: (1) a survey of shelter inherent in existing facilities; (2) nuclear civil protection planning for both in-place protection and population relocation during times of international crisis; (3) planning for the crisis development of additional shelters; (4) improvement of warning systems; (5) improvement of systems and capabilities for direction and control of emergency operations; (6) improvement of radiological defense capabilities; (7) improvement of emergency public information and training programs and capabilities; and (8) development of such other systems and capabilities as may be necessary to maximize lifesaving potential. Authorizes appropriations to carry out the provisions of such Act, with provision for inflation adjustments.
United States · United States Congress · 14 May 1979
Amends title XVIII (Medicare) of the Social Security Act to provide payment for occupational therapy services under the supplementary medical insurance program.
United States · United States Congress · 8 May 1979
Amends the Tariff Schedules of the United States to temporarily suspend the duty on products (other than watches or movements) of the insular possessions: (1) which contain foreign materials valued at between 50 and 70 percent of the total product value; and (2) which are not designated import sensitive. Establishes a ceiling on the quantity of articles which qualify for such duty-free treatment. Permits any interested party to submit a request to the Office of the Special Representative for Trade Negotiations: (1) that the aforementioned articles be designated as import sensitive; or (2) that such designation be removed. Requires the President to report to Congress concerning the economic effect of these amendments on the insular possessions.
United States · United States Congress · 3 May 1979
Permits the same standard mileage rate to be used in determining the amount of income tax deductions for charitable and medical uses of automobiles as is used in determining the amount of income tax deductions for business uses of automobiles.
United States · United States Congress · 1 May 1979
Consumer Checking Account Equity Act of 1979 - Amends the Federal Reserve Act to repeal the prohibition on the payment of interest on demand deposits. Allows federally insured savings and loan associations regulated by the Federal Deposit Insurance Corporation and the Federal Home Loan Bank Board or the Federal Savings and Loan Insurance Corporation and insured credit unions regulated by the National Credit Union Board to receive demand deposits.
United States · United States Congress · 1 May 1979
Amends the Fishery Conservation and Management Act of 1976 to extend the exclusive fishery management authority of the United States to highly migratory species of fish (currently excluded).
United States · United States Congress · 26 April 1979
Title I: Trust Territory of the Pacific Islands - Authorizes appropriations for fiscal years after 1980 of such sums as may be necessary for certain assistance programs for the Trust Territory of the Pacific Islands. Authorizes appropriations to the Secretary of the Interior equal to 50 percent of sums necessary to satisfy all adjudicated claims and final awards made before the enactment of this Act by the Micronesian Claims Commission. Directs the Secretary of the Interior to provide, for the people of specified atolls in the Marshall Islands, a program of medical care and treatment and environmental research and monitoring for any injury, illness, or condition which may have been the result of the United States nuclear weapons testing program at or near such atolls. Authorizes appropriations for such program. Requires the express approval of Congress before any Federal program not terminated for all recipients may cease to apply to such Territory either before or after the termination of the trusteeship. Title II: Northern Mariana Islands - Requires that the salary and expenses of the government comptroller for the Northern Mariana Islands be paid from funds authorized to be appropriated to the Department of the Interior. Authorizes appropriations to the Secretary of the Interior for a health care services grant to the Commonwealth of the Northern Mariana Islands. Subjects such grant to the approval of the Secretary of Health, Education, and Welfare. Directs the Secretary of the Treasury to administer and enforce, by hiring and training Islands residents, a local territorial income tax and customs duties, without cost to such Islands government and with proceeds covered into the Treasury of Islands. Amends the Covenant to establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America to stipulate that United States income tax laws will not come into force in the Northern Mariana Islands as a local territorial income tax until January 1, 1982. Authorizes appropriations of such sums as may be necessary for the development, maintenance, and operation of the American Memorial Park, Saipan, Northern Mariana Islands, but not to exceed $3,000,000 for development. Title III: Guam - Amends the Organic Act of Guam to direct the Secretary of the Treasury to administer and enforce (by hiring and training Guam residents and without cost to the Guam government) the collection of: (1) all customs duties derived from Guam and the Guam territorial income tax; and (2) certain other taxes the proceeds of which are covered into the Guam treasury and any tax imposed by local law (upon the request of the Governor of Guam until the legislature of Guam seeks discontinuance of such enforcement). Requires that all amounts heretofore withheld from the Guam treasury (from sums collected as such duties and taxes) as interest on specified Federal assistance be credited as reimbursement payments by Guam on the principal amount advanced by the United States. Directs the Secretary of the Interior, upon certain findings, to extend for 30 years the time limitation on guarantees for purchase by the Federal Financing Bank of bonds or other obligations of the Guam Power Authority. Directs the Secretary of the Treasury, under certain conditions, to deduct interest payments due from such Authority from duties and taxes collected and paid to the government of Guam, with such government to receive payments of principal and interest from such Authority. Title IV: Virgin Islands - Extends for ten years the time limitation on Federal commitments to guarantee the issuance of certain bonds and other obligations issued by the Virgin Islands government. Amends the Revised Organic Act of the Virgin Islands to direct the Secretary of the Treasury to administer and enforce (by hiring and training Islands residents and without cost to the government of the Islands) the collection of: (1) all customs duties derived from such Islands and the United States income tax, the proceeds of which are to be covered into the treasury of the Islands; and (2) certain other taxes which are also to be covered into such treasury, with such Secretary's enforcement to be at the request of the Governor of the Islands until the legislature of the Islands requests discontinuance. Amends the Revised Organic Act of the Virgin Islands to transfer to the Virgin Islands Government title to all property in the Virgin Islands which may have been acquired by the United States from Denmark under a specified convention. Excludes from such transfer certain lands and property already reserved or retained by the United States. Title V: American Samoa - Requires the salary and expenses of the government comptroller of American Samoa to be paid from funds to be appropriated to the Department of the Interior. Directs the Secretary of the Treasury, upon the request of the Governor of American Samoa, to administer and enforce the collection of all customs duties derived from American Samoa, without cost to its government and by making every effort to employ and train its residents to carry out such activities. Title VI: Miscellaneous - Directs the Department of the Interior, in administering grants to any Insular Area: (1) to consolidate such grants for any fiscal year or years; and (2) to waive, in its discretion, certain matching funds and written report requirements for grants. Stipulates that authorizations of appropriations by this Act and appropriations pursuant to this Act for any fiscal year shall carry over for appropriation or expenditure in succeeding fiscal years. Permits, to the extent practicable, Federal agencies and instrumentalities to make available their services, facilities, and equipment to the governments of the territories and possessions of the United States and the Trust Territory of the Pacific Islands on a reimbursable basis or, if otherwise authorized by law, without reimbursement.
United States · United States Congress · 26 April 1979
Amends the National Parks and Recreation Act of 1978 to make specific amount changes in the limitations on funds for development within DeSoto National Memorial and Pecos National Monument. Increases the authorization of appropriations, from $166,000 to $265,000, for the acquisition of lands within the Great Sand Dunes National Monument. Directs the Secretary of the Interior to designate and publish notice of these acquisitions. Changes the date of the maps referencing the Point Reyes National Seashore. Directs the Secretary to accept and manage any land and improvements within or adjacent to the seashore which are donated by the State of California or its subdivisions. Removes the exclusion of specified lands from the Chesapeake and Ohio Canal National Historical Park. Authorizes the acquisition of lands for Ebey's Landing National Reserves with appropriated, as well as donated, funds. Amends the National Trails System Act to include North Country Scenic Trail. Permits the National Academy of Sciences to retain title to a certain property while used as a memorial to Albert Einstein. Amends the Wild and Scenic Rivers Act to terminate the Upper Delaware Citizens Advisory Council ten years after the date of its establishment. Provides for the appointment of additional members to the Delta Region Preservation Commission. Provides for termination of the Commission ten years from the date of approval of this Act. Prohibits the Secretary from charging entrance or admission fees in excess of January 1, 1979, levels or in National Park System units where such fees were not in effect as of such date. Amends such Act to designate a portion of the Birch River in West Virginia as a river to be studied for potential addition to the national wild and scenic river system. Entitles the Farallon National Wildlife Refuge in California to those protections accorded the Point Reyes National Seashore. Amends the Act of October 27, 1972, to change the date of the maps referring to the Golden Gate National Recreation Area. Increases the authorization of appropriations, from $61,610,000 to $71,610,000, for the acquisition of lands within such recreation area. Reduces the development ceiling from $58,000,000 to $48,000,000. Directs the Secretary to acquire by donation or purchase a suitable collection of whaling artifacts and associated items for preservation and display at the National Maritime Museum located within such recreation area. Authorizes the appropriation of $3,000,000 for such purchase. Amends the Land and Water Conservation Fund Act of 1965 to extend the availability of appropriations from the special account for the acquisition of lands and waters within areas for public use and recreation administered by the Secretary to those areas and authorizations enacted prior to the convening of the Ninety-sixth Congress. Exempts those funds allotted for the acquisition of land, waters, or interests in same for the National Park System, recreation areas, and National Forest System from statutory ceilings enacted prior to the convening of the Ninety-sixth Congress. Permits the Secretary to make minor changes to boundaries or appropriations relating to such Federal lands which boundaries were established subsequent to January 1, 1965. Authorizes the purchase of such lands with appropriated funds. Amends the Act of August 18, 1970, to eliminate the printing of certain newly submitted identical reports if adequate supplies of previously printed identical reports remain available. Directs the Secretary to submit annually a comprehensive "National Park System Plan" to the designated congressional committees. Directs the Secretary to submit to the Speaker of the House of Representatives and the President of the Senate an annual "State of the Parks" report. Directs that the annual report be printed as a House document and shall cease to be prepared and submitted after the fifth submission. Revises the boundaries of the Carl Sandburg Home National Historic Site in North Carolina. Directs that the maps and descriptions of such historical site shall be published by the Secretary within 12 months after the date of the enactment of this Act. Provides for the acquisition and disposal of lands within such boundaries. Amends the Act of October 21, 1976, to increase the authorization of appropriations, from $13,000,000 to $23,700,000, for the acquisition of lands, aquatic lands, or interests therein for Olympic National Park. Makes authorizations of appropriations under this Act effective in fiscal year 1980.
United States · United States Congress · 26 April 1979
Amends the Fair Labor Standards Act of 1938 to prohibit the employment of blind persons, or persons with impaired sight, at less than the applicable minimum wage under such Act.
United States · United States Congress · 24 April 1979
State and Local Government Cost Estimate Act of 1979 - Amends the Congressional Budget Act to require the Congressional Budget Office, for every bill or resolution reported in the House or Senate, to prepare and submit (along with its regular estimate of the Federal cost involved) an estimate of the costs which would be incurred by State and local governments in carrying out or complying with such bill or resolution.
![Official portrait of Del. Evans, Melvin H. [R-VI-At Large]](https://www.congress.gov/img/member/e000254_200.jpg)