United States · United States Congress · 28 November 1979
World War II Japanese-American Human Rights Violations Redress Act - Directs the Attorney General to locate those individuals of Japanese ancestry who were interned, detained, or forcibly relocated by the United States at any time during the World War II internment period and pay them $15,000 plus $15 multiplied by the number days such individual was so interned or detained. Provides for payments due deceased individuals to go to family members.
United States · United States Congress · 16 November 1979
Amends the District of Columbia Self-Government and Governmental Reorganization Act to eliminate provisions which require a 30-day period of congressional review for certain acts passed by the City Council of the District. Makes such acts effective on the day of transmittal to the Speaker of the House of Representatives and the President of the Senate.
United States · United States Congress · 16 November 1979
Amends the District of Columbia Self-Government and Governmental Reorganization Act to extend the effective period of emergency Acts passed by the D.C. Council from 90 days to 180 days. Prohibits the Council from passing any emergency Act covering the same subject matter and purpose of any previously passed emergency Act. Prohibits the Council from amending any emergency Act in effect on the date of enactment of this Act in order to extend such emergency Act for the 180-day period. Provides that such emergency Acts, including those in effect on the date of enactment of this Act, shall terminate on the date provided or upon expiration of the 180-day period. Sets forth procedures for such Acts when Congress adjourns sine die.
United States · United States Congress · 9 November 1979
Repeals the provision prohibiting Federal recognition of Virgin Islands' National Guard Officers above the grade of colonel as members of the National Guard.
United States · United States Congress · 7 November 1979
Allows the Interest Rate Modification Act of 1979, passed by the District of Columbia Council and signed by the Mayor, to become effective upon enactment of this Act, notwithstanding any other provision of law.
United States · United States Congress · 26 October 1979
National Energy Conservation Incentives Act - Title I: Amendments to Utility Program - Amends the residential energy conservation title of the National Energy Conservation Policy Act to extend the definition of "residential building" to include: (1) any building used for residential occupancy which contains at least one dwelling unit; and (2) specified commercial buildings. Requires that each utility program under such title contain procedures authorizing utilities to reinspect buildings equipped with conservation measures to determine the extent to which such measures have been installed. Amends the requirements for approval of proposed residential energy conservation plans to require that contractors or suppliers of residential energy conservation measures seeking to be included on the list of approved contractors and suppliers provide one year warranties on materials and installation of such measures and express a willingness to defer receipt of payment for such measures sold or installed until the reinspection described above is completed. Requires that such list indicate such willingness on the part of such contractors and suppliers to allow such deferred payments. Requires that the list of lending institutions offering financial assistance for the purchase and installation of such conservation measures indicate the availability at each such institution of assistance provided under the Energy Conservation Bank Act. Amends the requirements under such title concerning accounting and payment of costs of operating a utility program under such Act. Authorizes public utilities to make loans or capital investment payments to residential building owner customers for the purchase and installation of residential energy conservation measures under specified conditions. Amends the accounting and payment of costs provisions of such title to provide for the financing of such loans and capital investment payments. Stipulates that neither the Attorney General, the Federal Trade Commission, nor any other agency shall be barred from challenging anticompetitive acts or practices related to activities conducted under this Act, nor shall any person be deemed to have immunities or defenses to actions under the antitrust laws as a result of the provisions of this Act. Establishes effective dates for the issuance of regulations implementing the provisions of this Act by the Secretary of Energy, Governors or State regulatory agencies, and nonregulated utilities. Directs the Secretary of Energy to provide assistance to States for the training of residential building inspectors undertaking inspections required by this Act and for the development of approved energy conservation methods and inspections. Authorizes appropriations for fiscal year 1980 through 1982 to carry out this title. Title II: Financial Assistance Provided by the Energy Conservation Bank - Energy Conservation Bank Act - Establishes the Energy Conservation Bank in the Department of Housing and Urban Development to provide financial assistance with respect to loans made to owners of existing commercial and residential buildings for the purchase and installation of energy conserving improvements in such buildings. Authorizes the Bank to provide such assistance in the form of payments to financial institutions and public utilities providing financing pursuant to the National Energy Conservation Policy Act. Sets forth criteria for providing such assistance and terms, conditions, and maximum amounts thereof. Establishes as part of the Bank an Advisory Committee to provide advice to the Board of Directors of the Bank on matters concerning energy conservation assistance. Directs the Bank to promote the program established by this Act and to coordinate its efforts with the Department of Energy. Directs the Board to issue an annual report to the Congress and the President discussing the operations of the Bank identifying problems encountered in the energy conservation industry, the Federal Government, and financial institutions concerning energy conservation, and making recommendations for improvement in the Bank's operations. Authorizes the Secretary of Housing and Urban Development to permit the Bank to use personnel of such Department for the purpose of carrying out this Act. Establishes penalties for fraud and misrepresentation with respect to loans assisted under this Act. Authorizes the use of funds from the Energy Security Trust Fund to provide assistance under this title. Sets forth limitations on the amount of such funds available for each of the fiscal years 1980 through 1983. Title III: Secondary Financing - Requires that the Board direct the Bank to make commitments to purchase, to purchase and to service, sell, and otherwise deal in loans and advances of credit made under this Act and the National Energy Conservation Policy Act to residential building owners for the purchase of energy conserving improvements. Authorizes the Bank to issue obligations to enable the Bank to carry out its functions. Exempts transactions authorized under this Act from State or local usury or loan insurance laws. Repeals specified provisions of the National Housing Act which authorize the Government National Mortgage Association to purchase energy conserving improvement loans. Amends the Federal Home Loan Mortgage Corporation Act to authorize such Corporation to purchase, make commitments to purchase, and to hold, deal with, sell, and otherwise dispose of mortgages or interest therein held by any public utility acting under a utility program pursuant to the National Energy Conservation Policy Act, the original proceeds of which are applied for in order to finance energy conserving improvements. Amends the Federal National Mortgage Association Charter Act to authorize such association to exercise powers similar to those granted to the Federal Home Loan Mortgage Corporation as described above. Title IV: Weatherization Program - Amends the Energy Conservation in Existing Buildings Act of 1976 to limit the amount of any grant made under such Act to be used for administrative purposes. Amends such Act to increase the amount of payment which may be made to pay volunteers and trainees and public employment workers under the Comprehensive Employment and Training Act of 1973 available to work on weatherization projects in the event there are insufficient participants under such program. Requires the coordination of activities related to rehabilitation, weatherization, and code enforcement conducted by local governments including activities undertaken pursuant to the Housing and Community Development Act and related to energy assistance programs for low- income families, including programs under the Economic Opportunity Act of 1964. Amends such Act to repeal the provisions granting priority in the allocation of weatherization assistance funds to community action agencies serving an area eligible for emergency energy conservation assistance under the Economic Opportunity Act of 1964. Directs the Secretary to establish standards and procedures for weatherization programs under such Act in a manner designed to accomplish uniform results among all the States in any particular similar climatic area. Directs the President to appoint an energy conservation coordinator to assure that the Secretaries of Energy, Housing and Urban Development, Agriculture, Health, Education and Welfare, Defense, the Administrator of the General Services Administration, and other heads of agencies responsible for developing energy conservation standards reach a consensus on establishing criteria for issuing such standards. Directs the President to make annual reports to the Congress on the activities relating to coordination of Federal energy conservation programs. Makes technical amendments to the Energy Conservation in Existing Buildings Act of 1976.
United States · United States Congress · 24 October 1979
Amends the Bank Holding Company Act of 1956 to prohibit the Board of Governors of the Federal Reserve System from following any practice which would result in the denial of an application for the formation of a one-bank holding company solely because such a transaction involves a bank stock loan of 25 years or less.
United States · United States Congress · 18 October 1979
Federal Employee Occupational Safety and Health Act of 1979 - Applies specified standards of the Occupational Safety and Health Act of 1970 to the Federal workplace of employees of Executive agencies, the Postal Rate Commission and the United States Postal Service (but not the Office of Personnel Management). Requires each agency to: (1) furnish its employees employment and a place of employment which are free from recognized hazards; and (2) comply with safety and health standards. Requires employees to comply with standards and with specified rules, regulations, and orders. Authorizes the Office of Personnel Management to conduct inspections, investigations, and recordkeeping relating to Federal employee occupational safety and health. Permits employees or their representatives to request such inspections in specified cases. Directs the Office to issue citations to the head of any agency in violation of any requirement, standard, order, rule, or regulation under this Act. Provides for an enforcement procedure, including, in specified cases, hearings before the Occupational Safety and Health Review Commission. Provides for review of any Commission order in a U.S. court of appeals upon request of the head of any agency or any employee adversely affected by such order. Permits the Office to obtain review or enforcement of any final order of the Commission in a U.S. court of appeals. Prohibits any agency from discharging or discriminating against any employee because such employee has: (1) filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act; (2) testified or is about to testify in any such proceeding; or (3) exercised any right afforded by this Act on behalf of anyone. Permits employees who believe they have been so discharged or otherwise discriminated against to file complaints with the Special Counsel. Directs the Special Counsel to undertake an appropriate investigation and to file a complaint with the Merit Systems Protection Board if a violation has occurred. Authorizes the Board to restrain such violations for cause shown and to order all appropriate relief. Authorizes the Office to order any agency to restrain any conditions or practices constituting a danger immediately or before that danger can be eliminated through other enforcement procedures. Declares that any such orders which prohibit the employment or presence of any individual in locations in which imminent danger exists shall not apply to specified individuals, including those whose presence is necessary to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operations. Directs inspectors, as soon as they conclude that such an imminent danger exists, to inform the affected employees and agency. Permits employees, or their representatives, to bring actions against the United States in district courts to compel the Office to issue such orders and for appropriate further relief. Authorizes attorneys designated by the Director of the Office of Personnel Management to represent the Office in civil litigation under this Act, subject to the direction and control of the Attorney General. Authorizes the Office to allow reasonable variations and exemptions from provisions of this Act to avoid serious impairment of the national defense. Provides for civil or criminal penalties for specified violations of this Act. Authorizes the Commission to assess all such civil penalties. Authorizes the Office to conduct short-term training of personnel in work related to responsibilities under this Act. Directs the Office, in consultation with the Secretary of Health and Human Services, to: (1) provide for education of heads of agencies and employees in the recognition, avoidance, and prevention of unsafe or unhealthful working conditions; and (2) consult with and advise heads of agencies and employees, and their representative organizations, as to effective means of preventing occupational injuries and illnesses. Authorizes the head of each agency to establish a health service program for employees. Directs that the Secretary of Health and Human Services offer mandatory consultation before, and requested reviews after, such programs are established. Directs the Secretary of Labor, in consultation with the Director, Office of Personnel Management, to carry out a safety program covering specified maritime employees under the Longshoremen's and Harbor Workers' Compensation Act. Authorizes the President to establish a safety council of labor organization representatives and employing agencies to advise the Secretary of Labor concerning such program. Directs the head of each agency with such employees to develop an organized safety promotion, to keep specified records, and make reports to the Secretary of Labor. Makes funds available for the purchase and maintenance of special protective clothing and equipment from appropriations for supplies, materials, or equipment procurement. Directs the Office, in consultation with the Secretary of Health and Human Services, to compile and analyze occupational safety and health statistics for Federal agencies. Authorizes the Office to make contracts and matching grants for such statistical research and to cooperate with States in such efforts. Directs the Office to make annual reports to Congress concerning Federal employee occupational safety and health. Requires the Director of the Office of Personnel Management to: (1) establish and maintain a comprehensive occupational safety and health program applicable to the Office consistent with specified standards of the Occupational Safety and Health Act of 1970; (2) provide employment conditions consistent with such standards; (3) require the use of protective equipment; (4) keep records of occupational accidents and illnesses; and (5) consult with and report annually to the Secretary of Labor concerning such records and program. Directs the Secretary of Labor to transmit such annual report to the President. Directs the President to transmit an annual report of such activities of the Office. Authorizes the Office to prescribe regulations concerning Federal employee occupational safety and health. Repeals specified provisions of the Occupational Safety and Health Act of 1970 relating to programs of Federal agencies.
United States · United States Congress · 18 October 1979
Chrysler Corporation Emergency Credit Assistance Act - Establishes an Emergency Credit Assistance Board composed of the Secretary of the Treasury, the Secretary of Labor, and the Secretary of Transportation to guarantee and make loans for the benefit of Chrysler Corporation. Designates the Secretary of the Treasury as Chairman of the Board. Requires all decisions of the Board to be made by majority vote. Imposes the following conditions on any loan guaranteed by the Board: (1) the loan must be needed to enable Chrysler to continue operations which if curtailed would seriously and adversely affect the economic or employment situation in the United States or any of its regions; (2) Chrysler must be unable to obtain credit upon reasonable terms without such a guarantee; (3) Chrysler's prospective earning power, together with any security it pledges, must furnish reasonable assurance that the loan will be repaid; (4) the lender must certify that it would not make the loan without such a guarantee; (5) the loan must be payable in not more than five years and any renewal option must not exceed an additional five years; and (6) the loan must bear interest at a rate determined by the Board taking into account the reduced risk afforded by the guarantee. Directs the Board to collect guarantee fees to cover the administrative expenses and risk taken by the Federal Government in making loan guarantees. Requires such fees to be of an amount which when added to the interest payable to the lender on a loan produces a total charge appropriate for loans of comparable risk in the normal capital markets. Directs the Board to deposit such fees in the emergency loan guarantee fund established by this Act. Directs the Board to make every effort to assure that guaranteed loans to Chrysler are secured by sufficient property to fully collateralize the amount of the loan guarantee. Prohibits Chrysler, while any guaranteed loan remains unpaid, from declaring any dividend on its common stock or from making payments on any other indebtedness. Permits the Board to waive such prohibitions if such action is consistent with the interests of the United States. Directs the Board to require Chrysler to make changes in its management and fiscal operations and to develop a long-range management and fiscal plan if the Board determines that the inability of Chrysler to obtain credit in the normal capital markets is a result of a failure on the part of management to excercise reasonable business prudence. Prohibits the Board from guaranteeing any loan until it has received Chrysler's audited financial statement and has been afforded access to Chrysler's records. Requires a lender to exhaust all of its remedies under a guarantee agreement before any payment under the guarantee of the United States becomes due. Directs the Board to assure that any loan agreement guaranteed under this Act contains the usual provisions to protect the guarantor including strictures against waiver or amendment without the consent of the Board. States that the guarantee of the United States shall be in force with respect to advances under a loan agreement only if: (1) the Board receives ten days notice in writing of the advance; (2) the lender certifies that Chrysler is not in default, except that in cases where the lender reports the circumstances of a default the Board may guarantee an advance if it is consistent with the interests of the United States; and (3) Chrysler provides the Board with a plan concerning the expenditures which will be made with the advance. Requires Chrysler to report all instances in which advances were not expended in accordance with such plan. Requires that all guarantee agreements give the Board priority interest over the lender in any collateral securing the loan and any outstanding earlier loans. States that any sums that Chrysler has on deposit with the lender which are subject to offset under the bankruptcy laws shall be considered collateral in which the Board has priority over the lender. Authorizes the Board to extend loans directly to Chrysler. Grants the Board access to Chrysler's records after Chrysler accepts a loan or loan guarantee. Directs the General Accounting Office to conduct an audit of Chrysler when it applies for assistance and to report the results of such audit to the Board and the Congress. Sets forth the maximum obligation of the Board under all outstanding loans and loan guarantees made under this Act. States that such assistance may be only in such amounts as provided in advance in appropriation Acts. Establishes an emergency loan guarantee fund in the Treasury to cover the expenses and obligations of the Board. Permits the Board to use any Federal Reserve bank as its fiscal agent provided the bank is reimbursed for any expenses or losses incurred acting in such capacity. Directs the Attorney General to protect the rights of the United States under the loans and loan guarantees authorized by this Act. Requires all sums recovered by the Attorney General to be deposited in the emergency loan guarantee fund. Entitles the Board to recover from Chrysler or any other liable person the amount of any payments made pursuant to a guarantee agreement or loan entered into under this Act. Directs the Board to submit an annual report to the Congress on its operations. Requires the Board to submit a report to Congress within six months of the enactment of this Act which contains recommendations on the guarantee program beyond the termination date of this Act. Terminates the authority of the Board to enter new guarantee agreements and the making of direct loans on December 31, 1983.
United States · United States Congress · 16 October 1979
Calls upon the President, with respect to Chile, to: (1) recall the U.S. Ambassador to Chile; (2) apply statutes limiting assistance to countries with terrorist governments or countries harboring terrorists; (3) prohibit deliveries of defense articles or services; (4) recall all military personnel; (5) prohibit the issuance of U.S. visas to Chilean military or intelligence personnel; (6) prohibit credits or loan guarantees to be granted by the Export-Import Bank; (7) prohibit the granting of export licenses; (8) order the immediate suspension of private bank loans; and (9) demand that Chilean rights be fully restored.
United States · United States Congress · 28 September 1979
Commission on Wartime Relocation and Internment of Civilians Act - Establishes the Commission on Wartime Relocation and Internment of Civilians to: (1) determine whether a wrong was committed against American citizens and permanent resident aliens who were subjected to relocation or internment as a result of Executive Order Numbered 9066 and other associated Government acts; and (2) recommend appropriate remedies. Directs the Commission: (1) to hold public hearings in specified cities; and (2) within 18 months after enactment of this Act, to submit a final report of its findings and recommendations to Congress and the President. Terminates the Commission six months after such report is submitted.
United States · United States Congress · 28 September 1979
Elementary School Guidance and Counseling Incentive Act of 1979 - Authorizes appropriations for fiscal years 1981 through 1985 for State allotments for comprehensive elementary school guidance and counseling programs, supplemental grants to States for elementary school guidance and counseling, and grants for demonstration and evaluation programs. Provides formulas for such State allotments, based on the population of elementary school children, with minimum required amounts. Directs the Commissioner of Education to administer State allotments and State plans through the Office of Guidance and Counseling of the Department of Health, Education, and Welfare. Requires that each State, to be eligible for such allotments, submit to the Commissioner a State plan for providing comprehensive elementary school guidance and counseling programs for a five-year period, with necessary annual revisions, which meets such criteria as the Commissioner may by regulation prescribe. Sets forth required provisions of such plans and programs. Provides for appeal by a State of a final action of the Commissioner to a circuit court of appeals. Authorizes the Commissioner, through the Office of Guidance and Counseling, to make grants to States with approved plans for distribution to local educational agencies and for support of States with approved plans for distribution to local educational agencies and for support of State agency leadership activities on the basis of statewide needs and priorities in elementary school guidance and counseling. Sets forth approved uses of such grants. Directs the Commissioner, through the Office of Guidance and Counseling, to carry out a program of demonstration and evaluation relating to elementary school guidance and counseling. Sets forth approved types of demonstration and evaluation projects. Requires the Office of Guidance and Counseling to collect, analyze, prepare, and disseminate information related to the provision of guidance and counseling services to elementary school-age children. Requires specified State and local educational agencies to designate supervisors of elementary guidance services or programs.
United States · United States Congress · 12 September 1979
Amends the Internal Revenue Code to provide that interest earned on a nonnegotiable time deposit certificate which has a maturity of one year or less will not be treated as received or accrued until the earlier of its maturity date or the date on which it is redeemed. Excludes such certificates from classification as a discount instrument of indebtedness.
United States · United States Congress · 7 September 1979
Amends the Foreign Assistance Act of 1961 to authorize disaster relief and reconstruction assistance to alleviate human suffering caused by hurricanes in the Caribbean. Stipulates that priority shall be given to furnishing agricultural commodities under the Agricultural Trade Development and Assistance Act of 1954.
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 · 5 September 1979
Amends the Chesapeake and Ohio Canal Development Act to extend the termination date of the Chesapeake and Ohio Canal National Historical Park Commission to January 8, 1991.
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 · 31 July 1979
National Employment Priorities Act of 1979 - Requires a business concern to give notice, with an economic impact statement, to the Secretary of Labor and to affected employees, labor organizations, and local governments whenever such business concern intends a change of operations at an establishment which will result in an employment loss in any 18-month period of the lesser of 100, or of 15 percent, of the employees at such establishment. Requires, with exceptions, that such notice be given within specified periods of time (varying according to the number of employees affected) before such business concern reduces the weekly wages or suspends or terminates the employment of any employee in connection with such change. Directs the Secretary to investigate and hold public hearings on specified matters related to such change upon receipt of a written request for such investigation from an affected labor organization or from at least ten percent of the employees at such establishment. Requires such request to be made within 60 days of receipt of notice. Authorizes the Secretary to investigate and hold closed hearings on such matters, without regard to whether such notice is given, upon: (1) a determination that such investigation would serve the purpose of this Act; or (2) a request from at least 50 percent of such employees. Empowers the Secretary to issue subpoenas for witnesses and evidence in such investigations. Directs the Secretary to prepare and publish a report of such investigation. Makes employees who accept employment with such business concerns, with knowledge that such notice has been given, ineligible for specified assistance under this Act. Requires such business concerns to give written statements of employment status to employees whose weekly wages are lowered by a specified amount or who are suspended or terminated. Stipulates that an employee will be deemed to suffer an employment loss if a business concern fails to: (1) give such a statement of employment status to an employee; or (2) include in such statement an assurance of increased wages or reinstatement. Requires a business concern which gives such assurance, yet fails to prevent such employment loss, to pay such employee a lump sum in a specified amount in addition to other required payments. Requires a business concern, for a 52-week period following an employment loss, to make payments: (1) to the employee in a weekly income maintenance payment equal to 85 percent of such employees's wage rate or 100 percent of such rate while such employee participates in specified training programs; and (2) to specified employment benefit plans for such employees. Sets forth conditions under which such payments may be reduced or limited. Stipulates that such payments are not to be deemed wages for all other purposes, including specified employee benefit plans. Requires such business concerns to pay moving expenses for employees who resume employment with the same business concerns within three years. Requires such business concerns to continue weekly income maintenance payments to employees between 53 and 61 years of age when the 52 week payment period expires. Directs the Secretary to reimburse such business concerns for such continued payments. Directs the Secretary to make transitional assistance payments to employees upon their request whenever a business concern fails to make such payments. Provides that the amount of such payments shall then be owed, with interest, to the United States by such business concern. Makes a business concern which transfers ownership or control of an establishment to avoid liability for transitional assistance payments liable to the United States for a specified amount if the owning or controlling business concern fails to provide such assistance. Requires such business concerns to offer employees, who suffer an employment loss, any available employment, with equivalent wages and benefits, at any establishment of such business concerns for a three-year period after such employment loss. Sets forth such former employees' rights to credits and benefits in employee benefit plans and such business concerns' liability for payments to such plans. Stipulates that specified violations shall be deemed violations of the Employee Retirement Income Security Act of 1974, for which civil actions may be brought. Directs the Secretary, in consultation with specified groups, to implement a comprehensive assistance program (including existing or new programs of job training, job placement, and payments for job search and moving expenses) for employees who suffer or may suffer employment loss. Authorizes the Secretary to develop and implement retraining programs and to condition specified assistance to business concerns upon their implementation or assistance with such programs. Directs the Secretary to issue certificates of Federal procurement credit to business concerns which comply with this Act for appropriate periods if the Secretary finds that such assistance would provide additional employment opportunities through the cooperating concerns. Sets forth conditions of eligibility for assistance of business concerns, local governments, and certain employers or cooperative associations of employees. Authorizes the Secretary to provide specified forms of such assistance, giving priority to those which enable employees to continue at their present establishment. Makes such business concerns liable to local governments which lose revenue because of such changes of operations. Sets forth formulas for determining the amount of such liability. Directs the Secretary to pay such amounts to local governments if a business concern fails to do so (with such amount to be owed, with interest, to the United States by such business concern). Makes business concerns which transfer operations to an establishment outside the United States, when an economically viable alternative to such transfer exists, liable to the United States for lost revenues according to specified formulas. Sets forth criminal and civil violations and penalties. Enumerates violations of employees' rights and remedies for such violators. Directs the Secretary to: (1) recover overpayments for specified Federal assistance to employees obtained through a knowing deception; (2) maintain specified operating reserves; and (3) record mortgage security on specified loans. Provides procedures for Congressional disapproval of rules promulgated by the Secretary to carry out this Act. Directs the Secretary to make specified reports and legislative proposals to the Congress. Sets forth general powers of the Secretary in carrying out this Act. Directs the Secretary to implement this Act through the National Employment Priorities Administration. Authorizes the Secretary to delegate any function, power, or duty under this Act to the Administrator of the National Employment Priorities Administration. Establishes the National Employment Priorities Administration in the Department of Labor to: (1) perform such delegated functions, powers, and duties; (2) conduct research on the relationship between unemployment and changes of business operations; and (3) identify services and products which may profitably be provided by business concerns receiving specified assistance. Establishes the National Employment Priorities Advisory Council to: (1) advise and assist the Secretary in carrying out this Act; (2) evaluate programs under this Act; (3) study and report on those areas of future economic activity in which the United States will be at a competitive disadvantage and on industries in which many businesses may change operations; and (4) research and propose new assistance programs for employees, local governments, and business concerns. Authorizes appropriations to carry out this Act.
United States · United States Congress · 31 July 1979
Fuel Stamp Act of 1979 - Establishes a fuel stamp program to assist participants in the food stamp program to pay the cost of fuel consumed for residential heating during the period of December through March. Directs the Secretary of Agriculture to administer such program. Sets the monthly value of such fuel stamps to an eligible household at: (1) $20, plus (2) the total value of food coupons authorized for such month in excess of $20 (up to a maximum of $50). Limits the use of such fuel stamps to payment for fuel consumed by a household to heat its residence. Requires payment to and acceptance by any person who sells such fuel to such household. Prescribes criminal penalties for the violation of such requirements. Limits redemption of fuel stamps to persons who sell fuel. Directs the Secretary to prescribe for the printing and inventory control of fuel stamps. Requires every State agency administering the food stamp program to submit for the Secretary's approval a plan of operation, containing specified general provisions, for conducting the fuel stamp program. Authorizes the Secretary to pay up to 50 percent of a State plan's administrative costs, and up to 75 percent of the cost of its investigations and prosecutions. Authorizes payment of a bonus for agencies with a less than five percent error rate. States that the value of any fuel stamp shall not be considered income or a resource under any Federal, State, or local law. Prohibits the reduction of State or local assistance to a household because of the receipt of fuel stamps. Prescribes criminal penalties for violations of this Act. Amends the Food Stamp Act of 1977 to prohibit, in the calculation of household income, the consideration of the value of any fuel stamp as a household expenditure for shelter.
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
Solar Energy Development Bank Act - Establishes a Solar Energy Development Bank within the Department of Housing and Urban Development (HUD). Directs the President to appoint, with the advice and consent of the Senate, a president to manage and supervise the affairs of such bank subject to the direction of its Board of Directors. Directs the General Accounting Office to periodically audit the financial transactions of the Solar Bank. Permits the Solar Bank to impose fees or charges for its services. Stipulates that the Solar Bank be governed by a Board of Directors consisting of the Secretaries of HUD, the Treasury, and Energy. Directs the Board to adopt, amend, or repeal such regulations as are necessary or convenient for the functioning of the Solar Bank. Empowers the Board to fix the level of subsidy and the interest rate on loans subsidized by the Bank. Permits the Board to alter the level of subsidy and interest rates for new loans subsidized by the Bank. Sets forth factors for the Board to consider when altering such rates, including: (1) the prevailing market rates of interest for home mortgages, home improvement loans, and commercial loans, as well as prevailing market rates of interest for Government and corporate bonds; (2) the availability of other Government incentives and subsidies for solar energy equipment, including Federal income tax credits; (3) the costs of nonrenewable energy resources and systems; and (4) the levels of subsidy needed to induce consumers and builders to install solar energy systems in residential and commercial buildings. Permits the Solar Bank, beginning with fiscal year 1980, to make payments to financial institutions for the purpose of subsidizing below-market rate loans to owners or builders of commercial and residential structures for the purchase and installation of solar energy systems in such structures. Defines "solar energy systems" for the purposes of this Act. Sets forth the procedure and terms governing the payment of such subsidies. Exempts transactions made under this Act from any State or local usury laws. Establishes penalties for knowingly making false statements or misrepresentations of material fact with respect to any loan assisted under this Act. Directs the Board of Directors of the Solar Bank to make an annual report to the President and both Houses of Congress. Directs the Solar Bank to promote the programs established by this Act by informing and actively seeking the participation of financial institutions and consumers. Permits the Solar Bank to utilize the services of personnel within HUD with the permission of the Secretary. Authorizes the use of funds available in the Energy Security Trust Fund to carry out the purposes of this Act, within specified limits.
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 · 20 July 1979
World Peace Tax Fund Act - Amends the Internal Revenue Code to permit conscientious objectors to designate their income, estate, or gift tax payments for nonmilitary purposes. Establishes within the Treasury of the United States a World Peace Tax Fund to receive such tax payments. Requires tax forms to contain a checkoff for taxpayers who wish to claim conscientious objector status and designate their tax payments for the World Peace Tax Fund. Specifies that an individual may claim conscientious objector status only if such individual has actually qualified as a conscientious objector for selective service or immigration purposes or declares that he or she is conscientiously opposed to participation in war, within the meaning of the Military Selective Service Act. Permits the Secretary of the Treasury to require any individual who claims conscientious objector status to provide such additional information as is necessary to verify such status. Permits the setting aside of criminal or civil penalties imposed upon a taxpayer for nonpayment of tax prior to the enactment of this Act, if the taxpayer pays the tax (with interest) and satisfactorily establishes that nonpayment was due to his conscientious objection to war. Directs the Comptroller General to determine the percentage of actual appropriations made by the United States from the Federal budget during the preceding fiscal year for military purposes. Requires the publication of such information in the Congressional Record. Establishes a World Peace Tax Fund Board of Trustees. Sets forth the membership structure and duties of the Board.
United States · United States Congress · 20 June 1979
Amends the District of Columbia Redevelopment Act of 1945 to revise the standards requiring written consent for the purchaser or lessee with regard to a modification of an approved redevelopment plan. Approves two amendments to the urban renewal plan for Southwest, Washington, D.C.
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 · 5 June 1979
Congratulates the men and women of the Apollo program upon the tenth anniversary of the first manned landing on the Moon and requests the President to designate the period of July 16 through July 24, 1979, as "United States Space Observance" in honor of such event.
United States · United States Congress · 31 May 1979
Authorizes the President, on behalf of the Congress, to present a specially struck gold medal to the American Red Cross. Authorizes the Secretary of the Treasury to make bronze duplicates of such medal for public sale.
United States · United States Congress · 22 May 1979
Motor Vehicle Theft Prevention Act of 1979 - Title I: Findings and Purposes - States the findings and purposes of the Act. Title II: Improved Security for Motor Vehicles and Motor Vehicle Parts - Authorizes the Secretary of Transportation to establish standards for motor vehicle safety which include standards to reduce motor vehicle theft by taking into account: (1) the costs and benefits of implementing such standards; (2) the effect of such implementation on automobile insurance costs; (3) savings in terms of time and convenience; and (4) safety considerations. Directs the Secretary to consult with specified individuals and groups interested in the problem of automobile theft when establishing such standards. Requires the Secretary, within 12 months of the enactment of this Act, to issue notices of rulemaking covering the unauthorized starting of a motor vehicle and the identification of major automobile components. Stipulates that proposed rules shall consider current technological developments in such areas. Directs the Secretary to issue final rules within 24 months after the enactment of this Act. Requires that a final rule shall become effective within two calendar years or before the introduction of two model years after such rule is issued. States that a Federal automobile security standard supercedes any State or local standard. Title III: Antifencing Measures - Establishes penalties for anyone who knowingly removes, obliterates, tampers with, or alters any identification number for any motor vehicle or motor vehicle part required by regulations prescribed by the Secretary. Requires the forfeiture of any vehicle or vehicle part which has had such number removed unless: (1) the vehicle or part is owned by an innocent purchaser; or (2) the number is replaced according to applicable law. States that all provisions of law relating to the seizure and forfeiture of vessels, vehicles, merchandise, and baggage shall apply to seizures and forfeitures of motor vehicles and vehicle parts. Establishes penalties for anyone who buys, receives, possesses, or obtains control of, with intent to sell or otherwise dispose of, any motor vehicle or motor vehicle part knowing that such identification number has been removed or altered. Designates as nonmailable matter any manipulative type device which is designed or adapted to operate, circumvent, remove, or render inoperative the ignition switch or lock, or door or trunk lock of two or more motor vehicles, or any advertisement for the sale of such device. Title IV: Importation and Exportation Measures - Establishes criminal and civil penalties for anyone who imports, exports, or attempts to import or export any self-propelled vehicle, vessel, aircraft, or part knowing it to have been stolen, or any self-propelled vehicle or vehicle part knowing that its identification number has been altered. Amends the Tariff Act of 1930 to require persons who export or attempt to export a used self-propelled vehicle to present to the appropriate customs officer the vehicle and a document describing that vehicle. Authorizes customs officers to carry firearms, execute and serve search and arrest warrants, serve subpoenas and summonses, and make arrests. Title V: Reporting and Requirements - Directs the Attorney General, after consultation with the Secretaries of Agriculture, Commerce, Transportation, and the Treasury, to report to Congress on: (1) developments in the area of identification of off-highway vehicles and parts thereof; and (2) other specified measures to help prevent the theft of such vehicles and parts.
United States · United States Congress · 9 May 1979
Directs the Secretary of the Interior to convey all right, title, and interest of the United States to and in specified lands comprising the Harris Neck National Wildlife Refuge, McIntosh County, Georgia to the persons, or the heirs of the persons, who owned such lands prior to their condemnation by the United States in 1943.
United States · United States Congress · 4 May 1979
National Capital Transportation Amendments of 1979 - Amends the National Capital Transportation Act of 1969 to authorize the Secretary of Transportation to make additional contributions to the Washington Metropolitan Area Transit Authority to partially finance the cost of construction of the Adopted, Regional System. Imposes limitations and conditions upon the use of such contributions. Authorizes appropriations to carry out the purposes of this Act. Eliminates the authorizations ceiling for both Federal and District of Columbia contributions to the System. Requires the Transit Authority to establish a sinking fund for the accumulation of assets for payment of principal and interest on bonds issued by the Transit Authority. Establishes the percentage of contributions to be made by the Secretary and the local participating governments to this fund. Authorizes additional appropriations for use by the Secretary to make additional contributions to meet the operating and maintenance costs of the rapid rail system of the Transit Authority. Prohibits the Secretary from making contributions for construction, operation, or maintenance of such system unless the local participating governments have provided for a dedicated source of revenue sufficient to meet that part of the system's operation and maintenance costs that it in excess of the revenues received from the operation of such system together with any amount contributed by the Secretary.
United States · United States Congress · 4 May 1979
District of Columbia Retirement Reform Act - Title I: Financing of Retirement Benefits - Establishes the District of Columbia Retirement Board to exercise exclusive authority to manage and control the funds established by this Title. Details provisions relating to the Board's composition, the election and terms of office of Board members, the procedures to be followed by the Board, and the financing of the Board's operations. Establishes the District of Columbia Policemen and Fire Fighters' Retirement Fund into which shall be deposited: (1) amounts withheld from the salaries of, and deposited by, members of the Metropolitan Police and the Fire Department of the District of Columbia, pursuant to the Policemen and Firemen's Retirement and Disability Act; (2) amounts appropriated to the Fund pursuant to this Act; and (3) amounts made as return on investment of the assets of the Fund. Establishes the District of Columbia Teachers' Retirement Fund into which shall be deposited: (1) amounts withheld from the salaries of, and amounts deposited by, each teacher in the public schools of the District of Columbia for such teachers' retirement account; (2) assets transferred from the District of Columbia teachers' retirement and annuity fund; (3) amounts appropriated to the Fund pursuant to this Act; and (4) amounts made as return on investment of the assets of the Fund. Establishes the District of Columbia Judges' Retirement Fund into which shall be deposited: (1) amounts withheld from the salaries of, and amounts deposited by, judges of the District of Columbia Court of Appeals and the Superior Court of the District of Columbia; (2) assets transferred from the District of Columbia Judicial Retirement and Survivors Annuity Fund; (3) amounts appropriated to the Fund pursuant to this Act; and (4) amounts made as return on investment of the assets of the Fund. Requires that the assets of each Fund established by this Act be kept separate from other moneys, but not necessarily kept separate from one another if the Board determines that commingling of such assets is advisable for investment purposes. Requires the Board to maintain a cash reserve for the funds sufficient to meet current annuity and disability benefit outlays. Prohibits the investment of assets of the funds in obligations issued or guaranteed in whole or in part by the government of the District of Columbia, the government of the Commonwealth of Virginia, the government of the State of Maryland, or the government of any political subdivision thereof, or in obligations secured by real property in the District of Columbia, Virginia, or Maryland. Directs the Board to engage an enrolled actuary to determine, in accordance with generally accepted actuarial practices, the level percentage of payroll required to be paid into the Fund, considering length of participation in the retirement program and the present value of future benefits. Sets forth formulae to determine annual Federal Payments and annual District of Columbia payments to each Fund. Authorizes the appropriations of specified sums from the revenues of the United States and from amounts in the United States Treasury credited to the District of Columbia contributions to each Fund, respectively. Provides for a reduction in Federal contributions to the District of Columbia Policemen and Fire Fighters' Retirement Fund should the costs of police officers and fire fighters' disability retirement prove excessive as determined by a specified formula. Sets forth the criteria for determining the percentage of disability for current employees who apply for disability retirement. Requires each member of the Board to submit detailed annual personal financial disclosure statements to Congress and the D.C. government. Directs the Board to publish annual reports with respect to each retirement program and corresponding Fund to which this Act applies. Requires that each such report include: (1) a financial statement containing a statement of Fund assets and liabilities, a statement of changes in net assets available for benefits under the retirement program, and other specified information; (2) an opinion by an independent public accountant as to whether such financial statement is presented in conformity with generally accepted accounting principles; (3) an actuarial statement containing specified information relating to the Fund and retirement program; (4) information relating to the number of employees covered by the retirement program, persons receiving compensation from the Fund, and specified changes to the Funds' operation; and (5) a report from each insurance company or similar organization from which program benefits are purchased or which guarantees such benefits. Directs the Board to prepare summary retirement programs descriptions to be supplied to each participant in, and beneficiary under, each retirement program to which this Act applies. Requires that annual reports and copies of summary retirement program descriptions, including periodic updates containing material modification, be filed with the Mayor of the District of Columbia, the District of Columbia Council, the Speaker of the House of Representatives, and the President pro tempore of the Senate. Empowers the Mayor, the Council, or either House of Congress to reject any filing upon making specified findings. Suspends Federal contributions to any Fund with respect to which a filing is rejected or no timely filing has been made pending an acceptable filing. Requires that copies of such reports and descriptions be made available for public inspection. Designates the Board and each member of the Board fiduciaries with respect to the Funds. Authorizes the Board to designate one or more persons to exercise fiduciary responsibilities with respect to Funds established by this Act but places with the Board fiduciary responsibility for the oversight of any person so designated. Lists standards and guidelines to be followed by fiduciaries in the discharge of their duties. Specifies circumstances under which a fiduciary shall be liable for a breach of fiduciary duty by another fiduciary. Prohibits a fiduciary from causing the Fund to engage in specified transactions with interested parties or with itself. Deems void any provision in an agreement instrument which purports to relieve a fiduciary of responsibility or liability. Permits the Board, fiduciaries, and groups of retirement program participants to purchase insurance to cover liability or losses arising from a breach of fiduciary duty. Prohibits any person convicted of specified crimes from serving as an administrator, fiduciary, counsel, or employee of, or as a consultant to, the Fund established by this Act within five years of any such conviction or release from imprisonment, unless the Board of Parole of the United States determines that such person's service with the Fund would not be contrary to the purposes of this Act. Requires every fiduciary of a Fund established by this Title and every person who handles its funds to be bonded. Sets forth criminal penalties for violation of fiduciary obligations. Creates civil causes of action for the benefit of specified plaintiffs to enforce the provisions of this Act. Specifies time limits within which civil action grounded on breach of fiduciary duty must be brought. Title II: Changes in Retirement Benefits - Revises the method for determining the salary base period for computation of annuities of participants in the District of Columbia Policemen and Fire Fighters' Retirement Fund. Permits any member or officer of the Metropolitan Police or Fire Department who is on approved leave without pay to serve as a full-time official of an employee organization to have such service credited towards his retirement upon meeting specific requirements. Sets forth separate procedures and standards for members of the Metropolitan Police and the Fire Department with respect to: (1) eligibility for optional retirement; (2) eligibility for disability retirement; (3) amount of disability annuities; (4) suspension of disability annuities; (5) physical examination of disability annuitants; (6) amount of survivors annuities; (7) deferred annuities; and (8) interest on refunds and on deposits for prior service credit. Authorizes cost-of-living adjustments in annuities payable from the District of Columbia Policemen and Fire Fighters' Retirement Fund. Permits the Mayor to waive collection of any overpayment to an annuitant if such overpayment is less than $100. Permits the Mayor, in the case of payments due to mental incompetents or minors, to make payment to any person, who in his judgment, is responsible for the care of such claimant. Directs the Board of Police and Fire Surgeons to submit to the Mayor recommendations for regulations to improve the administration of disability retirements. Places restrictions on retired police officers and fire fighters receiving an annuity under this Act while employed by the District of Columbia government. Authorizes cost-of-living adjustments in annuities payable from the District of Columbia Teacher's Retirement Fund and District of Columbia Judges' Retirement Fund. Revises the means for determining eligibility for each such adjustment. Revises the amount of benefits due under a teacher's annuity in the event the name beneficiary of such annuity predeceases the annuitant. Provides the termination of teachers' disability annuities based on excessive outside earned income. Places restrictions on retired teachers receiving an annuity under this Act while employed by the District of Columbia government.
United States · United States Congress · 3 May 1979
Amends the National Capital Transportation Act of 1969 to remove the ceiling on the amount of appropriations that may be authorized for the District of Columbia share of the cost of the rapid transit system (METRO) of the National Capital Region.
United States · United States Congress · 2 May 1979
Housing and Community Development Amendments of 1979 - Title I: Community and Neighborhood Development and Conservation - Amends the Housing Act of 1964 to extend and authorize appropriations for the rehabilitation loan program through fiscal year 1980. Extends the intergovernmental program of comprehensive planning for the acquisition of sites for and construction of public buildings under the Housing Act of 1954 through fiscal year 1980. Amends the Housing and Community Development Act of 1974 to increase the authorization of appropriations for grant and supplemental grant assistance to State and local community development programs. Provides for a pro rata distribution of funds among programs to meet all basic grant and hold-harmless entitlement needs in the event of a funding deficiency in fiscal year 1980. Removes statutory restrictions based on census statistics defining the authority of the Secretary of Housing and Urban Development (HUD) to waive procedural requirements in awarding grants. Stipulates that in addition to the National Environmental Protection Act of 1969 environmental protection measures must be carried out in order for the Secretary to release funds to applicants for projects. Title II: Housing Assistance Programs - Amends the United States Housing Act of 1937 to authorize appropriations for annual contributions to low-income housing projects and operating services through fiscal year 1980. Amends the Housing and Community Development Amendments of 1978 to authorize appropriations for operating assistance for troubled multifamily housing projects through fiscal year 1980. Requires the utilization of amounts in the reserve fund created from excess rental charges by owners of housing projects receiving interest reduction payments under the National Housing Act. Amends the United States Housing Act of 1937 to set forth: (1) new limits on the percentage of a family's income which may be required as rent for low-income housing; (2) criteria for tenant selection; (3) requirements for the maintenance of the low-income character of certain assisted housing projects; and (4) provisions for the distribution of unexpended operating subsidies. Directs the Secretary in making rent supplement assistance available under the Housing and Urban Development Act of 1965 to give priority to individuals or families who are occupying substandard housing or are involuntarily displaced at the time they are seeking housing assistance. Amends the National Housing Act to direct the Secretary in making homeownership assistance payments to lower income mortgagees, to give preference to assisting low-income families in acquiring a condominium unit or membership in a cooperative association. Provides for displaced tenants in HUD-owned projects. Title III: Program Amendments and Extensions - Amends the National Housing Act to extend the following mortgage insurance programs of the Federal Housing Administration: (1) housing renovation and modernization; (2) general insurance authorization; (3) housing for moderate income and displaced families; (4) membership in cooperative associations for lower income families; (5) rental housing for low-income families; (6) coinsurance mortgages; (7) experimental housing; (8) armed services housing; (9) group practice facilities and medical practice facilities; (10) new communities; and (11) crime and riot reinsurance. Permits the Secretary to insure, on a permanent basis, mortgages and loans with provisions for varying rates of amortization through fiscal year 1980. Extends the Emergency Home Purchase Assistance program through fiscal year 1980. Amends the National Housing Act to authorize the Secretary, as an alternative to the acquisition of an insured mortgage to avoid foreclosure, to make all or part of the monthly payments due on an insured mortgage of a one-to four-family residence necessary to avoid default caused by circumstances beyond the mortgagor's control. Stipulates that all payments shall be secured by a lien on the property and by such other obligation as the Secretary may require. Stipulates that such payments may be provided for a period of up to 18 months. Allows payments to be discontinued at any time because the mortgagor's financial circumstances have changed, the payments are no longer necessary, or the prospect of payments and repayments is no longer reasonable. Terminates the authority to make such payments on September 30, 1981. Authorizes appropriations for research and demonstration housing projects through fiscal year 1980. Amends the National Housing Act to authorize appropriations, without limitation, to cover losses sustained by the General Insurance Fund. Extends the authority of the Secretary to issue obligations to finance housing programs for the elderly and handicapped under the Housing Act of 1959. Extends the authority of the Secretary to insure mortgages under the National Housing Act by including dwellings covered by a consumer protection or warranty plan. Authorizes the appropriation of a specified amount to carry out the activities of the National Neighborhood Reinvestment Corporation for fiscal year 1980. Directs the Secretary to study the relative risks of loss connected with the classes of mortgages insured under the National Housing Act. States that such study is for the purpose of determining the advisability of reducing related mortgage insurance premiums. Amends the National Housing Act to: (1) exempt insured loans, mortgages, or advances from State usury laws; and (2) increase Federal Housing Administration mortgage limits for insurance eligibility. Increases to 75 percent in any geographical area the amount of: (1) rental housing insurance; (2) cooperative housing insurance; (3) rehabilitation and neighborhood conservation housing insurance; (4) moderate income and displaced family housing insurance; (5) housing for the elderly mortgage insurance; and (6) multifamily condominium mortgage insurance. Increases the limit on loans for mobile homes and lots with respect to credit insurance of financial institutions. Allows the Government National Mortgage Association to purchase a mortgage with an original principal obligation that exceeds the otherwise applicable maximum amount per dwelling unit if the mortgage is a moderate income and displaced family housing insured mortgage and at least 20 percent of the units covered by such mortgage are assisted under contracts authorized by the United States Housing Act. Authorizes appropriations for fiscal year 1980 for the Neighborhood Reinvestment Corporation. Allows up to ten percent of the assistance available under the Neighborhood Self-Help Development Act of 1978 to be used for uncertified projects demonstrating innovative means of assisting in neighborhood conservation and revitalization. Amends the Federal Home Loan Mortgage Corporation Act to permit securities sold, issued, or guaranteed by the Corporation to be lawful investments and accepted as security for all fiduciary trusts and public funds. Title IV: Interstate Land Sales - Amends the Interstate Land Sales Full Disclosure Act to outline specified exemptions from the provisions of such Act including provisions requiring registration and disclosure of the sale or lease of lots in subdivisions of specified size. Sets forth requirements relating to the sale or lease of lots if a mobile home is to be erected as a primary residence. Makes it unlawful for any developer or agent to deceive or in any way defraud a purchaser or lessee of a lot. Provides for civil relief by a purchaser or lessee for any such unlawful act. Permits the Secretary of Housing and Urban Development to certify as equivalent to the Federal law any State land sale disclosure law which is substantially equivalent to the Interstate Land Sales Full Disclosure law. Authorizes the Secretary to issue a cease and desist order to any agent or developer believed to be engaging in any unlawful act or practice. Sets forth criminal penalties for any willful violation of this Act. Allows any State attorney general to bring a civil action as parens patriae on behalf of individuals residing in such State, in any appropriate United State district court. Requires the Secretary to submit to the Congress biennially a report on the administration of this Act and its impact upon the land development industry and purchasers and lessees of undeveloped land. Title V: Rural Housing - Amends the Housing Act of 1949 to authorize appropriations for fiscal year 1980 for farm and rural housing programs as follows: (1) loans to provide occupant owned, rental, and cooperative housing for low-and moderate-income families; (2) insured loans for housing for domestic farm labor; (3) notes and other obligations for loan funds; (4) loans and grants for repairs or improvements of rural dwellings; (5) financial assistance to provide low-rent housing for domestic farm labor; (6) technical services and research for new buildings and repairs; (7) escrow accounts for taxes, insurance, and other expenses; (8) grants and loans for the development of technical and supervisory assistance programs in rural areas with Federal, State, and local housing program for low-income families; and (9) mutual self-help housing programs in rural areas and small towns. Authorizes such sums as may be required to provide safe, sanitary housing for low-income families, to conduct economic surveys for a sound mortgage market, and to reimburse the Rural Housing Insurance Fund. Extends the authority of the Secretary of Agriculture to insure loans which provide rental and cooperative housing for the elderly or others of low-and moderate-incomes and to insure and make loans for housing and buildings on farms owned by low or moderate income families. Stipulates that the Secretary shall determine the rate of interest on occupant owned, rental, and cooperative housing loans. Defines the terms "persons and families of low income" for purposes of this Act. Provides for the repayment and refinancing of loans for housing for the elderly and families of low income and for domestic farm labor. Permits the Secretary to make or insure loans for 40 percent of the units in multifamily cooperative or rental housing projects. Authorizes the Secretary to assist in providing technical assistance and counseling to recipients who are delinquent with the repayment of any loan made, insured, or guaranteed under the Housing Act of 1949 and to those who need assistance in financial management, home maintenance, and related matters. Includes among the administrative powers of the Secretary the authority to repair and rehabilitate property pledged or mortgaged under the Housing Act of 1949 and purchased by the Secretary at any foreclosure. Makes provisions for the payment by the Secretary out of the Rural Housing Insurance Fund for the correction of, or compensation to homeowners for significant construction defects in certain newly constructed, assisted homes. Amends the Housing Act of 1949 to allow the Secretary to make loans for the acquisition and development of land for use as sites on which residential structures will be built without regard to whether such structures will be eligible for assistance under any Federal, State, or local law. Stipulates that such loans shall bear interest at a rate equal to the market rate for comparable loans, as determined by the Secretary.
United States · United States Congress · 1 May 1979
Amends the District of Columbia Self-Government and Governmental Reorganization Act to authorize the Council of the District of Columbia to delegate its authority to issue revenue bonds for housing undertakings to any housing finance agency established by it. Exempts payments of such bonds from Congressional approval.
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 · 25 April 1979
Amends the Federal Aviation Act of 1958 to direct the Federal Aviation Administration to prepare and implement comprehensive aircraft noise abatement plans at airports operated by the Administration.
United States · United States Congress · 10 April 1979
Amends the District of Columbia Self-Government and Governmental Reorganization Act to exempt from the Congressional approval requirement: (1) the expenditure of funds derived from the sale of any revenue bond, note, or other obligation issued solely to finance, or assist in the financing of, the activities of any housing finance authority established by the City Council; or (2) the payment of principal, interest, or both on any such bond, note, or other obligation.
United States · United States Congress · 10 April 1979
District of Columbia Retirement Reform Act - Title I: Financing of Retirement Benefits - Establishes the District of Columbia Retirement Board to exercise exclusive authority to manage and control the funds established by this Title. Details provisions relating to the Board's composition, the election and terms of office of Board members, the procedures to be followed by the Board, and the financing of the Board's operations. Establishes the District of Columbia Policemen and Fire Fighters' Retirement Fund into which shall be deposited: (1) amounts withheld from the salaries of, and deposited by, members of the Metropolitan Police and Fire Department of the District of Columbia, pursuant to the Policemen and Firemen's Retirement and Disability Act; (2) amounts appropriated to the Fund pursuant to this Act; and (3) amounts made as return on investment of the assets of the Fund. Establishes the District of Columbia Teachers' Retirement Fund into which shall be deposited; (1) amounts withheld from the salaries of, and amounts deposited by, each teacher in the public schools of the District of Columbia for such teachers' retirement account; (2) assets transferred from the District of Columbia teachers' retirement and annuity fund; (3) amounts appropriated to the Fund pursuant to this Act; and (4) amounts made as return on investment of the assets of the Fund. Establishes the District of Columbia Judges' Retirement Fund into which shall be deposited: (1) amounts withheld from the salaries of, and amounts deposited by, judges of the District of Columbia Court of Appeals and the Superior Court of the District of Columbia; (2) assets transferred from the District of Columbia Judicial Retirement and Survivors Annuity Fund; (3) amounts appropriated to the Fund pursuant to this Act; and (4) amounts made as return on investment of the assets of the Fund. Requires that the assets of each Fund established by this Act be kept separate from other monies, but not necessarily kept separate from one another if the Board determines that commingling of such assets is advisable for investment purposes. Requires the Board to maintain a cash reserve for the Funds sufficient to meet current annuity and disability benefit outlays. Prohibits the investment of assets of the funds in obligations issued or guaranteed in whole or in part by the government of the District of Columbia, the government of the Commonwealth of Virginia, the government of the State of Maryland, or the government of any political subdivision thereof, or in obligations secured by real property in the District of Columbia, Virginia, or Maryland. Directs the Board to engage an enrolled actuary to determine, in accordance with generally accepted actuarial practices, the level percentage of payroll required to be paid into the Fund, considering length of participation in the retirement program and the present value of future benefits. Sets forth formulae to determine annual Federal payments and annual District of Columbia payments to each Fund. Authorizes the appropriations of specified sums from the revenues of the United States and from amounts in the United States Treasury credited to the District of Columbia for Federal and District of Columbia contributions to each Fund respectively. Provides for a reduction in Federal contributions to the District of Columbia Policemen and Fire Fighters' Retirement Fund should the costs of police officers and fire fighters' disability retirement prove excessive as determined by a specified formula. Requires each member of the Board to submit detailed annual personal financial disclosure statements to the Congress and the D.C. government. Directs the Board to publish annual reports with respect to each retirement program and corresponding Fund to which this Act applies. Requires that each such report include: (1) a financial statement containing a statement of Fund assets and liabilities, a statement of changes in net assets available for benefits under the retirement program, and other specified information; (2) an opinion by an independent public accountant as to whether such financial statement is presented in conformity with generally accepted accounting principles; (3) an actuarial statement containing specified information relating to the Fund and retirement program; (4) information relating to the number of employees covered by the retirement program, persons receiving compensation from the Fund, and specified changes to the Funds' operation; and (5) a report from each insurance company or similar organization from which program benefits are purchased or which guarantees such benefit. Directs the Board to prepare summary retirement programs descriptions to be supplied to each participant in, and beneficiary under, each retirement program to which this Act applies. Requires that annual reports and copies of summary retirement program descriptions, including periodic updates containing material modification, be filed with the Mayor of the District of Columbia, the District of Columbia Council, the Speaker of the House of Representatives, and the President pro tempore of the Senate. Empowers the Mayor, the Council, or either House of Congress to reject any filing upon making specified findings. Suspends Federal contributions to any Fund with respect to which a filing is rejected or no timely filing has been made pending an acceptable filing. Requires that copies of such reports and descriptions be made available for public inspection. Designates the Board and each member of the Board fiduciaries with respect to the Funds. Authorizes the Board to designate one or more persons to exercise fiduciary responsibilities with respect to Funds established by this Act but places with the Board fiduciary responsibility for the oversight of any person so designated. Lists standards and guidelines to be followed by fiduciaries in the discharge of their duties. Specifies circumstances under which a fiduciary shall be liable for a breach of fiduciary duty by another fiduciary. Prohibits a fiduciary from causing the Fund to engage in specified transactions with interested parties or with itself. Deems void any provision in an agreement instrument which purports to relieve a fiduciary of responsibility or liability. Permits the Board, fiduciaries, and groups of retirement program participants to purchase insurance to cover liability or losses arising from a breach of fiduciary duty. Prohibits any person convicted of specified crimes from serving as an administrator, fiduciary, counsel, or employee of, or as a consultant to, and Fund established by this Act within five years of any such conviction or release from imprisonment, unless the Board of Parole of the United States determines that such person's service with the Fund would not be contrary to the purposes of this Act. Requires every fiduciary of a Fund established by this Title and every person who handles its funds to be bonded except as provided in this Act. Sets forth criminal penalties for violation of fiduciary obligations. Creates civil causes of action for the benefit of specified plaintiffs to enforce the provisions of this Act. Specifies time limits within which civil action grounded on breach of fiduciary duty must be brought. Title II: Changes In Retirement Benefits - Revises the method for determining the salary base period for computation of annuities of participants in the District of Columbia Policemen and Fire Fighters' Retirement Fund. Permits any member or officer of the Metropolitan Police or Fire Department who is on approved leave without pay to serve as a full-time official of an employee organization to have such service credited towards his retirement upon meeting specific requirements. Sets forth separate procedures and standards for members of the Metropolitan Police and the Fire Department with respect to: (1) eligibility for optional retirement; (2) eligibility for disability retirement; (3) amount of disability annuities; (4) suspension of disability annuities; (5) physical examination of disability annuitants; (6) amount of survivors annuities; (7) deferred annuities; and (8) interest on refunds and on deposits for prior service credit. Authorizes cost-of-living adjustments in annuities payable from the District of Columbia Policemen and Fire Fighters' Retirement Fund. Permits the Mayor to waive collection of any overpayment to an annuitant if such overpayment is less than $100. Permits the Mayor, in the case of payments due to mental incompetents or minors, to make payment to any person, who in his judgment, is responsible for the care of such claimant. Authorizes cost-of-living adjustments in annuities payable from the District of Columbia Teacher's Retirement Fund and District of Columbia Judges' Retirement Fund. Revises the means for determining eligibility for each such adjustment. Revises the amount of benefits due under a teacher's annuity in the event the named beneficiary of such annuity predeceases the annuitant. Provides for the termination of teachers' disability annuities based on excessive outside earned income.