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United States · Official source
1,844 records where Rep. Drinan, Robert F. [D-MA-4] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 30 January 1980
Vietnam Era Veterans Agent Orange Act - Establishes a presumption of service-connected disability for certain diseases arising in Vietnam-era veterans (and for birth defects in their children) exposed to agent orange.
United States · United States Congress · 28 January 1980
Fusion Energy Research, Development, and Demonstration Act of 1980 - Directs the Secretary of Energy to establish research, development, and demonstration programs involving magnetic fusion energy systems to: (1) construct and operate a fusion engineering test facility by 1986; (2) construct and operate a magnetic fusion demonstration facility before the end of this century; (3) maintain and expand the base programs for fusion energy research and the development and testing of appropriate alternative confinement technologies; (4) maintain a strong research and development program in advanced fusion fuels; and (5) ensure an uninterrupted source of scientific and engineering talent from institutions of higher learning to support such effort. Requires such programs to include a study of the potential of using fusion energy for the production of synthetic fuels and the electrification of ground transportation systems. Directs the Secretary to disseminate information promoting the practical uses of fusion energy.
United States · United States Congress · 24 January 1980
Expresses the sense of Congress that the Soviet Union should release Andrei Sakharov from internal exile immediately. Urges the President, through the Secretary of State to: (1) express U.S. opposition to Sakharov's exile; (2) inform the Soviet Union that the United States will take into account, in evaluating its reactions with other countries, the extent to which those countries honor their commitments under international law.
United States · United States Congress · 23 January 1980
Expresses the sense of the Congress that April 22, 1980, should be observed and celebrated as "Earth Day, 1980."
United States · United States Congress · 22 January 1980
Amends the Foreign Assistance Act of 1961 to authorize the President to furnish disaster relief and reconstruction assistance to the Azores to alleviate the suffering caused by a recent earthquake. Authorizes additional appropriations for such purposes. Permits obligations incurred prior to enactment of appropriations to be charged to appropriations authorized by this Act.
United States · United States Congress · 22 January 1980
Authorizes and requests the President to designate April 21 through April 28, 1980, as "Jewish Heritage Week."
United States · United States Congress · 22 January 1980
Expresses the sense of Congress that the President should call upon the International Olympic Committee to relocate the 1980 summer Olympic games outside of the Soviet Union.
United States · United States Congress · 7 January 1980
Criminal Code Revision Act of 1980 - Title I: Revision of Title 18 - Amends in its entirety title 18, the Federal criminal code. Subdivides such title into the following subtitles: (1) provisions of general applicability; (2) offenses; (3) sentencing and corrections; (4) administration and procedure; and (5) ancillary civil proceedings. Subtitle I: Provisions of General Applicability - Sets forth 32 general definitions. Defines Federal jurisdiction as including the general and special (territorial, maritime, and aircraft) jurisdiction of the United States, specified aspects of extraterritorial jurisdiction, and Indian country jurisdiction. Provides that the separate sections describing offenses may specify circumstances giving rise to Federal jurisdiction. Directs the Attorney General to prescribe guidelines for the exercise of Federal enforcement efforts where there is concurrent State or local jurisdiction over the offense. Requires that such guidelines provide for the discontinuation of Federal efforts unless a demonstrable, substantial interest would be served, and take into consideration the following factors: (1) the relative gravity of the Federal offense and the State or local offense; (2) the nature and extent of the Federal interest in the investigation; and (3) the resources available to the Federal, State, and local authorities. Directs the Attorney General to consult with State and local governments concerning the exercise of Federal jurisdiction and to report annually to Congress on the extent of such exercise. Requires the court, upon motion of the defendant, to determine before trial the issues of fact bearing on the existence of Federal jurisdiction over an offense. Provides that Federal jurisdiction is not generally preemptive of the exercise of jurisdiction by a State or local government, Indian tribe, or military court, but enumerates offenses with respect to which the Attorney General may order preemption. Limits to four the mental states required to be proved with respect to criminal conduct ("intentional", "knowing", "reckless", and "negligent"). Specifies matters of law requiring no proof of state of mind, including jurisdiction, bars to prosecution, and defenses. Sets forth a general criminal complicity section, including rules with respect to the liability of an accomplice, of an organization for the conduct of an agent, and of an agent for the conduct of an organization. Precludes as a defense to such criminal liability that the person for whose conduct the defendant is liable has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense, was incompetent or irresponsible, or is immune from prosecution (except acquittal because of insufficient evidence is a bar to prosecution), or that the defendant does not belong to the class of persons who by definition are the only ones capable of directly committing the offense. Allows a defendant to be convicted of an offense based on the conduct of another person only if such defendant knowingly and with specific intent induced or aided the commission of the offense. Makes it a bar to prosecution that the defendant was less than 18 years old at the time of the commission of the offense, but allows the court upon motion of the Attorney General to determine that the nonapplicability of such bar is in the interest of justice with respect to a defendant who has attained the age 16 years and is alleged to have committed a class A, B, or C felony. (Under current law the age of 16 years bars prosecution of all offenses as an adult, and persons between the ages of 16 and 18 are treated as juveniles unless the offense is a felony punishable by ten or more years of imprisonment.) Provides for a general statute of limitations of: (1) five years for a felony; and (2) three years for a misdemeanor or infraction (under current law such bar varies with the offense), but permits an extended period for certain concealable offenses. Sets forth as statutory law the following defenses to criminal liability: (1) insanity; (2) intoxication; (3) mistake of fact or law; (4) protection or persons; and (5) protection of property. Sets forth as affirmative defenses: (1) duress; and (2) reliance upon official misstatement. Subtitle II: Offenses - Organizes offenses by the following types (rather than alphabetically as under current law): (1) attempt and conspiracy; (2) offenses involving national defense, including treason and related offenses, sabotage and related offenses, espionage and related offenses, and atomic energy offenses; (3) offenses involving international affairs, including foreign relations crimes and offenses involving immigration, naturalization, and passports; (4) offenses involving government process, including obstruction of government, obstruction of law enforcement, obstruction of justice, contempt offenses, perjury, false statements, and related offenses, and official corruption and intimidation; (5) offenses involving revenue, including internal revenue and customs offenses; (6) offenses involving individual rights, including civil rights crimes, offenses involving political rights, and offenses involving privacy; (7) offenses involving the person, including homicide offenses, assault offenses, kidnapping and related offenses, and sex offenses; (8) offenses involving property, including arson and other property destruction offenses, criminal intrusion offenses, robbery, extortion, and blackmail, theft and related offenses, counterfeiting, forgery, and related offenses, nongovernmental bribery, and investment, monetary, and antitrust offenses; and (9) miscellaneous offenses, including racketeering, drug offenses, explosives and weapons offenses, riot offenses, gambling and sexual exploitation of children, and public health offenses. Replaces the particularized penalties for individual offenses in current law with general penalty provisions specifying: (1) terms of imprisonment based on five classes of felonies (A to E) and three classes of misdemeanors (A to C); and (2) levels of fines according to the type of offense. Includes among new Federal crimes: (1) obstructing by force the following government functions: the service or attempted service or execution of any authorized legal or judicial document, the performance of extradition duties, the performance of duties under a court order, the passage of the United States mail, and the execution by a law enforcement officer of an arrest; (2) false swearing; (3) speculating on official action or information; (4) a series of offenses covering the obstruction of political rights; (5) possession of an eavesdropping device with intent that it be used unlawfully; (6) endangerment, defined as violating specified provisions of the Federal Mine Safety and Health Act, the Occupational Safety and Health Act, the Federal Hazardous Substances Act, the Public Health Service Act, the Federal Food, Drug, and Cosmetic Act, and the provision of this Act relating to environmental pollution, where such violation places a person in imminent danger of death or serious bodily injury, if such conduct manifests an unjustified disregard for the life of such person; (7) trafficking in stolen property; (8) trafficking in counterfeit labels for sound recordings, motion pictures, and audiovisual works; and (9) operating a racketeering syndicate. Provides for the offenses of "obstruction of official proceedings by fraud" and "government program bribery." Revises numerous offenses, including the following changes. Limits the offense of "impairing military effectiveness" to time of war or national defense emergency or where a major weapons system or means of defense against large scale enemy attack is impaired. Revises "espionage" and certain offenses relating to the dissemination of classified information to cross-reference to the following existing laws: the Atomic Energy Act of 1954, the Espionage and Sabotage Act of 1954, and the Subversive Activities Control Act of 1950. Modifies the offense of "failing to appear as a defendant" to: (1) include the failure to surrender for service of sentence pursuant to a court order; and (2) vary the penalties according to the category of offense. Revises "criminal contempt" to: (1) prohibit disobedience or resistance to lawful court orders, unless the alleged contemnor took reasonable and timely steps to obtain judicial review of the order or such order is constitutionally invalid. Modifies "obstruction of justice" to detail prohibited activities with respect to tampering with a witness or an informant. Amends "making a false statement" to: (1) consolidate numerous false statement statutes under current law; and (2) prohibit the knowing submission of false material in a government matter under specified circumstances. Revises "tax evasion" to cross-reference to existing prohibitions under the Internal Revenue Code. Modifies "civil rights offenses" to: (1) include all "persons" (current law protects "citizens"); (2) allow for a single offender (current law requires a conspiracy); (3) eliminate the requirement (Screws v. United States, 325 U.S. 91 (1945)) that a defendant be found to have had a specific intent to deprive the victim of federally protected rights; and (4) prohibit discrimination based on sex (current law includes race, color, religion, or national origin). Revises "sex offenses" to: (1) apply such offenses without distinction as to the sex of the offender or victim; (2) redesignate rape as aggravated criminal sexual conduct; (3) include additional acts with respect to such redesignated offense; (4) make punishable aggravated criminal sexual conduct towards one spouse by the other (but applies the interspousal exemption with respect to other sex offenses); (5) modify the offense of sexual assault (redesignated as criminal sexual conduct) to add the act of compelling a person to participate by threat or placing such person in fear; and (6) provide, with respect to sexual abuse of a minor, that the victim must be less than 16 years old and at least five years younger than the offender, and add as an affirmative defense that the actor reasonably believed the other person to be 16 years of age or older (current law prohibits the carnal knowledge of a female under the age of 16 years). Modifies the offense of "extortion" to provide that it is not a defense to prosecution that the conduct constituting the offense was in furtherance of a legitimate objective or activity (see United States v. Enmons, 410 U.S. 396 (1973)). Consolidates numerous theft statutes under current law. Broadens the application of the offense of "laundering racketeering proceeds." Revises "loansharking" to add as a new offense an extension of credit over $100 in value carrying an annual interest rate exceeding 45 percent (such a rate under current law only evidences extortion). Modifies "drug offenses" to: (1) increase the penalty for simple possession of 100 grams or more of an opiate; and (2) make possession of 30 grams (approximately one ounce) or less of marihuana an infraction. Imposes a mandatory one-year minimum sentence for the first offense of "using a firearm or explosive in the course of a crime." Imposes a mandatory two-year minimum sentence for the second or subsequent offense, and stipulates that such sentence shall be served consecutively to any term of imprisonment imposed. Requires, with respect to the offense of "inciting or leading a riot," the existence of circumstances which render it likely that the prohibited incitement will cause a riot. Redefines "riot" as involving ten or more persons (three in current law). Prohibits the transfer or exhibition of obscene material to a minor or to any person where there is no opportunity to avoid such exposure. Makes a person guilty of the offense of "environmental pollution" for violating specified provisions of the Federal Water Pollution Control Act, the Clean Air Act, the Noise Control Act, and the Solid Waste Disposal Act. Repeals: (1) the Logan Act (which prohibits private communication with a foreign government with intent to influence foreign policy); (2) the Smith Act (which prohibits advocating the overthrow of the government); (3) the Mann Act (which prohibits the transportation of women in commerce for immoral purposes); and (4) the prohibition against making false reports with intent to interfere with the operation of U.S. military or naval forces. Subtitle III: Sentencing and Corrections - Sets forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to: (1) a term of conditional discharge or probation; (2) a fine; or (3) a term of imprisonment. Permits an organization to be sentenced to: (1) a term of conditional discharge; or (2) a fine. Specifies factors to be considered by a sentencing court, including: (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed to (A) assure that the severity of the sentence is related to the culpability of the offender and the harm done, (B) assure that similarly placed offenders receive similar sentences, (C) promote respect for the law, (D) deter criminal conduct, (E) protect the public, (F) provide the defendant with needed training; (G) provide restitution to victims, and (H) reconcile the victim, community, and offender; (3) the kinds of sentences available; and (4) the applicable sentencing guidelines prescribed by the Judicial Conference of the United States. Requires the court to impose a sentence consistent with the guidelines set forth by the Judicial Conference unless the court finds that an aggravating or mitigating circumstance should result in another sentence. Requires the court to state on the record the reasons for imposing a particular sentence, or the specific reasons for imposing a sentence different from that provided for in the guidelines. Requires a presentence hearing to determine any unresolved issue of fact that is essential to the sentencing decision. Allows a defendant who is found guilty of an offense to be sentenced to conditional discharge, unless the offense is a class A felony or the defendant is sentenced at the time to probation or imprisonment. Specifies the considerations of the court in imposing such sentence and conditions which may be attached to such sentence. Authorizes imposition of a term of probation with respect to all but class A felonies, or where the defendant is sentenced at the same time to conditional discharge or imprisonment. Lists permissible terms of probation for each category of offenses. Requires as mandatory conditions of probation that a defendant not commit another crime and make restitution when practical. Enumerates 18 discretionary conditions of probation. Allows a defendant who is found guilty of an offense to be sentenced to make restitution to the victim, unless the offense violates the provisions relating to investment, monetary, and antitrust offenses or the crime of "fraud in a regulated industry." Directs the court not to impose a sentence of restitution if it will unduly complicate or prolong the sentencing process. Sets forth provisions relating to authorized payments for types of offenses, considerations in imposing such a sentence, conditions of such a sentence, restitution imposed upon an organization, and enforcement. Requires, when a defendant is alleged to have violated a condition of a sentence of conditional discharge, probation, or restitution that the appropriate court hold a preliminary hearing to find probable cause if such violation has occurred. Sets forth the powers of the court upon a finding. Requires a revocation hearing to be held within 60 days of any such finding. Sets forth the powers of the court upon a determination by the preponderance of the evidence that the defendant has violated any such sentence. Sets limits on the amount of a fine for each category of offenses, including higher maximums for organizational than for individual defendants. Sets forth provisions relating to considerations in imposing such a sentence, conditions of such a sentence, payment of fines by organizations, modification or remission, and enforcement. Sets maximum terms of imprisonment for five classes of felonies (A to E), and three classes of misdemeanors (A to C). Prohibits the court from considering the defendant's need for correctional treatment as a justification for imposing a term of imprisonment or in determining the length of a term of imprisonment. Prescribes guidelines relative to the modification of a term and the running of concurrent and consecutive terms of imprisonment. Authorizes the court to designate a defendant under the age of 21 years a youthful offender upon a finding that such defendant will benefit from placement in a separate facility of institution pursuant to this Act. Retains the Bureau of Prisons within the Department of Justice and outlines its organization and responsibilities. Retains the National Institute of Corrections in the Bureau and the Advisory Corrections Council. Continues the Federal Prison Industries. Allows a defendant to: (1) appeal any sentence on the ground that it is not authorized by law; (2) appeal any sentence other than one imposed for an infraction on the ground that such sentence is based on an inapplicable sentencing guideline, exceeds the maximum prescribed by the guideline and is unreasonable, or is a sentence for which no guideline has been prescribed and is unreasonable; or (3) petition for leave to appeal a felony sentence within the guideline on the ground that it is unreasonable. Authorizes the court of appeals to resentence the defendant or remand for resentencing upon specified determinations, but stipulates that a new sentence shall not be more severe that the sentence appealed. Directs the Judicial Conference of the United States to prescribe guidelines for use by a sentencing court. Requires that the guidelines: (1) be based on categories of offenders derived from relevant history and characteristics of defendants sentenced in Federal court and categories of offenses derived from the nature and circumstances or the offenses for which such defendants are convicted; and (2) be reported to Congress by May 1st of the year they are to become effective and take effect 180 days later, subject to congressional action. Establishes within the Judicial Conference a seven-member Committee on Sentencing to collect information and recommend sentencing guidelines and standards with respect to plea bargaining and the designation of youthful offenders. Requires that the Committee membership: (1) consist of four judges and three persons who are not judges; and (2) reflect a variety of backgrounds and participation and interest in the Federal criminal justice system. Sets forth rules regarding supervision of probation, the appointment and duties of probation officers, transportation of a probationer, transfer of jurisdiction over a probationer, and the arrest and return of a probationer. Carries forward, generally unchanged, current law relating to parole. Makes a prisoner eligible for release after serving one-half of a term of imprisonment over one year (currently one-third), or after serving ten years of a life sentence or sentence over 20 years (currently 30 years). Includes among the items to be considered by the Parole Commission in making a parole release determination: (1) the specific reasons for the sentence imposed; and (2) any transcript of the district court proceedings that are relevant to sentencing. Subtitle IV: Administration and Procedure - Restates the procedural requirement for the appointment of counsel in criminal cases. Retains the current compensation rates for such services. Adds to the existing circumstances under which a district court must furnish representation for persons financially unable to obtain adequate representation: (1) modification of the term or conditions of sentence of conditional release or probation; and (2) the preliminary and revocation hearing with respect to alleged violations of a sentence of conditional discharge, probation, or parole. Carries forward current law regarding an appeal by the United States in a criminal case to a court of appeals. Continues the existing authority of the Supreme Court to prescribe rules and procedures in criminal cases (retains the current period of 90 days for congressional review). Leaves current law generally unchanged with respect to the following arrest, law enforcement, and other preliminary matters: (1) indictment and list of jurors and witnesses for prisoner in capital cases; (2) demands for production of statements and reports of witnesses; (3) power of courts and magistrates; (4) extraterritorial jurisdiction; (5) security of the peace and good behavior; (6) warrant for removal; (7) powers of the Federal Bureau of Investigation; (8) powers of marshals and deputies; (9) powers of certain officers relating to offenses involving animals and birds; (10) powers of the Secret Service; (11) bankruptcy investigationss; (12) interned belligerent nationals; (13) rewards and appropriations; (14) powers of postal personnel; (15) preliminary examinations; and (16) surrender of youthful offenders to State authorities. Carries forward current law regarding extradition and the transfer of offenders to and from foreign countries. Enacts into law the Interstate Agreement on Detainers. Retains current law regarding the immunity of witnesses and jurisdiction and venue. Leaves generally unchanged current law regarding juvenile delinquency. Requires that a juvenile charged with committing an offense who is not surrendered to State authorities be proceeded against pursuant to the juvenile delinquency procedures unless the court determines that the juvenile shall be treated as a adult because the immaturity bar to prosecution does not apply. Requires the court in determining whether a juvenile shall be treated as an adult to consider whether juvenile disposition will reflect the seriousness of the juvenile's conduct, promote respect for the law, and provide a just response to the conduct of the juvenile. Revises the procedures to be followed by Federal courts with respect to an offender suffering from mental incompetence. Directs the court to order a screening examination whenever there is reasonable cause to believe that the defendant lacks competence, but allows a defendant to request a hearing based on the report of a qualified mental health examiner after a more thorough examination. Specifies material to be included in such report. Directs the court, after determining at such hearing that the defendant is not competent, to hold a subsequent hearing to determine: (1) whether there is substantial probability that the defendant can be restored to competence with a certain maximum period; and (2) if so, the appropriate treatment. Directs the court to release a defendant of all charges (except class A or B felonies) if: (1) the defendant does not request an opportunity to be restored; (2) there is no substantial probability that the defendant can be restored, or if the defendant has received a certain period of treatment (current law does not provide for the screening examination or subsequent hearing). Directs the Secretary of Health, Education, and Welfare to prescribe rules with respect to the use of psychosurgery, electric shock treatment, and protracted use of psychotropic drugs on mentally incompetent defendants. Requires that such rules: (1) entitle the person treated to accept, refuse, or revoke an acceptance of, proposed treatment; and (2) require informed consent in accordance with specified guidelines. Amends the Federal Rules of Criminal Procedure to permit a defendant to be found not guilty by reason of insanity. Directs a court which determines that there is probable cause to believe that a person who is found: (1) not guilty by reason of insanity; (2) incompetent with no substantial probability of improvement; or (3) incompetent and has not recovered after the end of the maximum period, presently suffers from a mental disease or defect as a result of which such person's release would create a substantial likelihood of serious injury to the person or property of another, to deliver such person to State authorities for possible civil commitment. Requires a hearing on the mental condition of a defendant serving a sentence of imprisonment who objects to being transferred to a facility for care or treatment. Carries forward certain provisions of current law regarding the release of offenders. Restates certain search warrant provisions in current law. Prohibits any Federal agency from installing or using a "pen register" (a mechanical device which records the numbers dialed on a telephone line to which it is attached) without first obtaining a court order pursuant to specified procedures. Allows a law enforcement officer specially designated by the Attorney General to install and use a pen register without a court order if an emergency situation exists with respect to life threatening criminal activities and grounds exist for the authorization of such use. Carries forward current law regarding special grand juries (leaving unchanged the reporting requirements). Restates certain provisions of current law regarding speedy trial (as amended by the Speedy Trial Act Amendments of 1979, Public Law 96-43). Deletes certain provisions relating to district court plans for the disposition of criminal cases. Retains current provisions regarding the exercise of criminal jurisdiction by United States magistrates (as amended by Public Law 96-82). Restates current law regarding witnesses and evidence. Subtitle V: Ancillary Civil Proceedings - Reenacts the current civil remedies provisions dealing with restraint of racketeering, as provided in title IX of the Organized Crime Control Act of 1970. Prohibits a person acting under color of Federal law from imposing on a person any civil disability primarily because of such person's conviction of a Federal offense, with specified exceptions. Prohibits a Federal, State, or local government agency from denying a person employment primarily because of such person's conviction of a Federal offense, with specified exceptions. Authorizes the court in which a person is convicted or an offense (other than a class A felony) to issue an order, upon application of such person, providing relief from certain collateral results of such offense under specified circumstances. Restates generally the current provision authorizing a civil action against an eavesdropping offender. Title II: Reenactment of Portions of Title 18, Amendments to Laws Outside of Title 18, and Technical and Conforming Provisions - Provides that this title is "to be supplied." Title III: Effective Date - Makes this Act effective on January 1, 1983, and applies its provisions to conduct occurring on and after such date.
United States · United States Congress · 19 December 1979
Veterans Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standard currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. Stipulates that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the size of the Board of Veterans' Appeals from 50 to 65 members. Requires the Chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board: (1) to provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; (2) provide the claimant with an opportunity for a hearing; and (3) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreements with respect to a material issue in a veterans' appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimants' right to examine and obtain a copy of such record; and (6) the exclusivity of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of procedural rights and procedures. Directs the Administrator to conduct a study of two alternate claims resolution methods, one a new intermediate-level adjudication process, the other an enhanced schedule of formal Appeals Board hearings. Title II: Veterans' Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States, with regard to jurisdiction: (1) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (2) that in cases not directly involving a claim for benefits a civil action otherwise authorized by law shall not be precluded; (3) the definition of final decision; (4) that the judicial review procedures established under this Act shall not apply to insurance and home loans; (5) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; and (6) that the court render a decision on the pleadings. States, with regard to the reviewing court's scope of review, that such court: (1) decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, such court may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits' awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before court, as provided for under this Act. Stipulates that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. Establishes procedures for the review of the VA's or a court's approval of attorneys' fees. States that in the case of a benefits claim resolved before the VA, either the claimant or the attorney may challenge the award in the Federal district court in which the claimant resides or has his principal place of business within 30 days after notice of the attorneys' award. States that in the case of such a claim resolved in court, either the claimant or the attorney may challenge the award in such court within 30 days after such award. Provides that all parties be given notice. Stipulates that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - States that this Act shall become effective 180 days after enactment. Permits review of Board of Veterans' Appeals rendered on or after January 1, 1977, and prior to the effective date of this Act.
United States · United States Congress · 19 December 1979
Medicaid Community Care Act of 1980 - Authorizes a State with a plan approved under title XIX (Medicaid) of the Social Security Act to apply to the Secretary of Health and Human Services (formerly, the Secretary of Health, Education, and Welfare) to have Federal payments for home health care services, nursing services, home health aid services, medical equipment for use in the home, physical therapy, occupational therapy, speech pathology services, endiology services, adult day health services, respite care, short-term full-term nursing care, homemaker services, and nutrition counseling made at a higher rate the the rate for other care and services provided under the State plan. Specifies that the Federal medical assistance percentage for such services and the comprehensive assessments provided for in this Act shall be the lesser of: (1) the Federal medical assistance percentage determined under title XIX plus 25 percent; or (2) 90 percent of the cost of such services and assessments. Requires an application to be accompanied by a community care plan which: (1) provides for a comprehensive assessment of each individual eligible or applying for Medicaid who is likely to need long-term skilled nursing facility or intermediate care facility services; (2) makes available, under title XIX, the care and services for which the higher Federal payment may be made to individuals determined pursuant to a comprehensive assessment to be in need of long-term facility services and for whom such assistance is a feasible alternative to long-term facility services; and (3) coordinates the services provided under this Act with similar services provided under the Older Americans Act of 1965, and under titles XVIII (Medicare) and XX (Grants to States for Services) of the Social Security Act. Requires the Secretary to report to Congress with respect to the program established under this Act. Permits a State, for the purposes of title XIX, to treat a noninstitutionalized individual the same as an individual who is in a long-term care facility if the noninstitutionalized individual meets the income and resources standards for long-term facility residents and has been determined, pursuant to an assessment under this Act, to need long-term facility services.
United States · United States Congress · 18 December 1979
Used Machinery Investment Credit Adjustment Act of 1979 - Amends the Internal Revenue Code to increase from $100,000 to $200,000 the cost of used property which is eligible for the investment tax credit.
United States · United States Congress · 12 December 1979
Expresses the sense of Congress that social security benefits should remain exempt from all taxation.
United States · United States Congress · 6 December 1979
Telephone Privacy Act - Amends the Communications Act of 1934 to prohibit unsolicited commercial telephone calls to a telephone subscriber who has notified the telephone company that he does not wish to receive such calls. Directs the Federal Communications Commission to prescribe regulations specifying the manner in which a telephone subscriber shall notify the telephone company that he does not wish to receive unsolicited calls. Prescribes criminal penalties for violations of this Act. Excludes from the definition of "unsolicited commercial telephone calls" calls made in response to an express request of the individual called or made in connection with an overdue debt or contractual obligation.
United States · United States Congress · 6 December 1979
Requests the Secretary of Agriculture, in cooperation with the Secretary of Health, Education, and Welfare, to develop a plan for local nutrition monitoring including: (1) the identification of priority target areas; (2) the development of a structure for monitoring specified regions; and (3) the choice of methodology and a timetable.
United States · United States Congress · 6 December 1979
Expresses the sense of Congress that the President should establish a Federal strike force and implement a program in each Federal judicial district for the purposes of investigating and prosecuting members of outlaw motorcycle gangs who commit Federal crimes.
United States · United States Congress · 5 December 1979
Polygraph Control and Privacy Protection Act of 1979 - Prohibits any person engaged in interstate commerce from: (1) requiring any employee, officer, or applicant for employment to take a polygraph test in connection with such individual's employment; (2) denying employment or disciplining an employee by reason of such individual's refusal to submit to such test; or (3) using the results of such test in connection with such individual's employment. Sets forth civil and criminal penalties for violations of such provisions. Authorizes civil actions in U.S. district courts in behalf of aggrieved individuals.
United States · United States Congress · 5 December 1979
Requests the President to work with the Secretary General of the United Nations and with other nations to convene an international conference on Cambodia: (1) to bring an end to the conflict in Southeast Asia; and (2) to consider the needs of the Khmer people.
United States · United States Congress · 4 December 1979
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the taxation of any title II benefits.
United States · United States Congress · 28 November 1979
Establishes the Barrier Islands National Parks. Authorizes the Secretary of the Interior to acquire lands and interests in land within the boundaries of the barrier islands units by donation, purchase with donated or appropriated funds, or exchange, except that in the case of developed land, the Secretary may acquire such land only with the consent of the owner thereof, or following a determination by the Secretary that an actual or proposed change in the use of such land after the date of enactment of this Act would impair the quality of the unit. Withdraws lands within the barrier islands units from entry or appropriation under the mining laws of the United States and from the operation of the mineral leasing laws. Prohibits any Federal financial assistance from being made available under any authority of Federal law, and no Federal license, permit, or other form of approval may be issued by any Federal agency for: (1) the construction of any structure, road, or facility of any type on any barrier island unit of the Atlantic or gulf coast of the United States; (2) any road, airport, boat landing facility, or other facility to be used for providing access to any such barrier island contrary to the purposes of this Act; and (3) any project to prevent the erosion of, or to otherwise stabilize, any shoreline or inshore area of such a barrier island.
United States · United States Congress · 16 November 1979
Federal Privacy of Medical Information Act - States the purposes of this Act to be: (1) to establish procedures allowing patients to inspect and amend medical information about them; (2) to define the circumstances under which individually identifiable medical information may be disclosed with or without patient consent; and (3) to make it a crime to request or obtain medical information from medical care facilities under false pretenses. Title I: Privacy of Medical Information - Part A - Definitions, Effect on Other Law, and Rights of Minors and Incompetents - Defines "accounting", with regard to medical information disclosure, as the recording of the date, nature, and purpose of such disclosure; and the name and business address of the person to whom the disclosure was made. Defines "aggravated property destruction" as property damage (in excess of $500) causing a significant impairment of use. Defines "audit" as an evaluation relating to: (1) the applicability of legal, medical, fiscal, or scientific standards; (2) the licensing or certification of medical facilities or personnel; or (3) medical peer review. Defines "employee" to include students or faculty members of a school affiliated with a medical care facility. Defines "government authority" as any Federal, State, or local entity, officer, employee, or agent. Defines "health research project" as a biomedical, epidemiologic, or health services research or statistics project. Defines "institutional review board" as: (1) a board established in accordance with regulations of the Secretary of Health and Human Services (formerly, the Secretary of Health, Education, and Welfare); (2) a similar board established under regulations of another Federal Government authority; or (3) a similar board which meets such requirements as the Secretary may specify. Defines "appropriate institutional review board" (with respect to a health research project intending to use medical information maintained by a researcher or facility) as: (1) the institutional review board for the organization sponsoring the project; (2) the institutional review board for the facility or researcher; (3) the institutional review board for another medical facility or institution which maintains medical information also intended to be used in the project; or (4) an institutional review board established or designated by the Secretary. Defines "medical information" as material that: (1) contains information relating to the health, examination, care, or treatment of a patient, or is to be added to such material under the provisions of this title; and (2) is in a form enabling the patient to be identified. Defines "law enforcement inquiry" as a lawful investigation or official inquiry into a violation or failure to comply with any criminal or civil statute, or related regulation, rule, or order. Defines "medical care facility" as: (1) a hospital or skilled nursing facility; (2) an intermediate care facility certified by a State agency for participation in a program under title XIX of the Social Security Act; (3) an intermediate care facility, outpatient clinic, or ambulatory care facility operated by a Federal Government authority; or (4) an outpatient clinic or ambulatory care facility receiving funds from a Federal Government authority under a grant or contract under the Public Health Service Act, title V of the Social Security Act, the Community Mental Health Centers Act, the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, or the Drug Abuse Office and Treatment Act of 1972, if the clinic or facility is subject to the provisions of this Act. Stipulates that such term does not include any prison facility or any facility located outside the United States. Prohibits any State or local law from authorizing or compelling the disclosure of medical information protected under this Act. Sets forth the rights of incompetents and minors. Part B - Rights of Inspection, Correction, and Notice, and Authorized Disclosure - Requires medical care facilities to permit individuals to inspect and get copies of their medical records. States that the medical care facility may: (1) require a written request for the inspection and copying of such information; (2) not charge an inspection fee; and (3) charge a reasonable copying fee. Requires a medical facility to reply to such an information or copy request within 30 days. States that such a request may not be compiled with if: (1) inspection or copying of the information would, in the medical judgment of the facility, harm the patient; (2) the information concerns mental health treatment and the facility does not permit disclosure of such information without the patient's authorization, or only under compulsion of law; (3) the information concerns mental health treatment of an individual other than a patient; (4) the information is used for administrative purposes; or (5) the information is compiled in connection with a civil suit. Requires a written statement explaining the reasons for any such request denial to be provided by the facility to the patient (or designated representative). Sets forth procedures for a patient to correct or supplement such medical information. Requires a medical care facility to prepare a written notice of information practices describing: (1) disclosures that may be made without a patient's written authorization; and (2) related rights and procedures. Requires a facility to provide such information upon request, and to make reasonable efforts to inform patients of the existence and availability of such information. Prohibits a medical care facility from disclosing medical information: (1) to anyone other than a patient or designated representative, unless so authorized by the patient or otherwise permitted under this Act; and (2) to anyone not properly identified. Sets forth patient disclosure requirements, including: (1) particularity of information, recipient, and facility; and (2) written, dated, and signed (by the patient) authorization. Permits such authorization to be revoked or amended by the patient. Part C - Disclosure of Medical Information Without Specific Information - Authorizes a medical care facility to disclose patient information without authorization: (1) to aid a facility employee in the performance of his/her duties; (2) to a medical professional in connection with the care of a specific patient; (3) for admission and health status purposes; (4) for use in specified health research projects; (5) for purposes of specified audits; (6) to assist in the identification of a dead person; (7) to alleviate emergency circumstances affecting a person's health or safety, or involving imminent danger of aggravated property destruction; (8) pursuant to legal requirements concerning public health, child abuse, law enforcement, court-ordered examinations, or Federal medical facilities; (9) for specified Secret Service and foreign intelligence purposes (with a written certification specifying the information requested); (10) to the next of kin; (11) for specified law enforcement purposes (with a written certification specifying the information requested); (12) pursuant to a subpena, summons, warrant or search warrant; and (13) with regard to certain veterans' or uniformed services' benefits, or other specified Federal medical care facilities or services. States that medical information disclosed without patient authorization to a Federal grand jury shall: (1) be returnable on a date when the grand jury is in session; (2) be used only to decide to issue an indictment or report, or for prosecuting a crime for which such indictment has been issued, or for specified purposes the Federal Rules of Criminal Procedure; and (3) not be maintained by any government authority, other than in the sealed records of the grand jury, unless such information has been used in the prosecution of a crime for which the grand jury issued an indictment or for a specified purpose authorized by the Federal Rules of Criminal Procedure. Part D - Access Procedures, Challenge Rights, and Reporting - Prohibits a governmental authority from obtaining medical information about a person for use in a law enforcement inquiry pursuant to an administrative summons, subpena, or warrant, or a judicial summons or subpena unless: (1) reasonable grounds exist for believing such information to be relevant to the inquiry; (2) a copy of such summons or subpena has been served upon the person (or to his/her last known address), together with notice of such person's right to challenge such summons or notice; and (3) ten days have passed from the date of service, or 14 days from the date of mailing, and no such challenge has been initiated, or disclosure is ordered by a court. Requires a governmental authority that secures medical information about a person from a medical facility pursuant to a search warrant to serve a copy of the warrant upon such person within 45 days. Permits a governmental authority to delay notifying an individual regarding a summons or subpena if a court finds that: (1) the governmental inquiry is lawful; (2) reasonable grounds exist to believe that the medical information is relevant to such inquiry; (3) the government's need outweighs the individual's privacy interest; and (4) reasonable grounds exist to believe that notifying the individual will result in endangering someone's life or safety, flight from prosecution, destruction of evidence, or intimidation of witnesses. Authorizes an individual to challenge a governmental summons or subpena requesting medical information about such individual. Requires a court in weighing a governmental request against a patient's challenge to consider: (1) the purpose for which the medical information was gathered; (2) the degree to which disclosure injures or invades the patient's privacy; (3) the effect of disclosure upon the patient's future treatment; (4) the importance of the governmental inquiry, and the importance of the information to that inquiry; and (5) any other relevant factors. Places the burden on the individual to show that his/her privacy interest outweighs the governmental interest. Authorizes the court to assess attorney and related fees against the Federal authority if the challenging patient prevails. Sets forth access and challenge procedures for obtaining medical information pursuant to an administrative summons subpena, or warrant or a judicial summons, subpena, or search warrant. Requires the Director of the Administrative Office of the United States courts to include in his annual report to Congress information regarding the number of patient challenges and delays of notice sought by the government. Part E - Enforcement - Establishes criminal penalties of: (1) not more than $10,000 and/or six months imprisonment for falsely obtaining or requesting medical information; (2) not more than $30,000 and/or five years imprisonment for falsely obtaining or requesting, and intentionally selling, such information; and (3) not more than $30,000 and/or five years imprisonment for unlawfully taking such information and selling it. Authorizes an individual whose rights have been violated under this Act to maintain a civil suit against a governmental officer or employee, the governmental authority, or the medical care facility or personnel. Provides that United States district courts shall have jurisdiction in such actions. Authorizes in specified circumstances, the awarding of punitive damages and attorney and related fees. Directs the Secretary to publish a model notice of information practices describing the disclosures and rights of patients required to be included in the notices of information practices required by this Act. Title II: Amendment to Title 5, United States Code - Exempts medical information maintained by a medical care facility subject to title I of this Act from certain agency disclosure provisions. Title III: Transition and Effective Dates - States that the provisions of this Act shall: (1) continue to apply to medical information obtained by a medical care facility no longer in operation; and (2) become effective with regard to Federal medical care facilities on the first day of the first calendar quarter beginning more than one year after the date of enactment of this Act.
United States · United States Congress · 15 November 1979
Declares a named widow of a United States citizen to be within the purview of certain provisions of the Immigration and Nationality Act.
United States · United States Congress · 14 November 1979
Wind Energy Systems Research, Development, and Demonstration Act of 1979 - Declares it to be the policy of the United States and the purpose of this Act to establish a research, development, and demonstration program for converting wind energy into electricity. Sets as a goal of such program the attainment of a total megawatt capacity of at least 800 megawatts from wind energy systems by fiscal year 1988 and the reduction of the average cost of electricity produced by such systems to a level competitive with conventional energy sources by the end of fiscal year 1986. Authorizes the Secretary of Energy to enter into agreements with public and private entities to obtain scientific, technological, and economic information on the design, fabrication, purchase, installation, and testing of wind energy systems. Authorizes the Secretary to provide financial assistance to entities seeking to install wind energy systems upon submission of the proper application. Sets forth terms and conditions for receiving such assistance. Terminates any Federal subsidization of purchases of such equipment upon the determination that such systems have become competitive with conventional energy sources or by a specified date. Sets forth the amount of such assistance, taking into consideration any tax credits allowed under the Internal Revenue Code for renewable energy source expenditures. Allocates a portion of the funds appropriated to carry out such assistance program for accelerated procurement and installation of wind energy systems by Federal agencies for demonstration purposes. Directs the Secretary to promulgate voluntary performance standards for such systems. Directs the Secretary to initiate a three-year national wind resource assessment program to: (1) validate existing assessments of known wind resources; (2) perform wind resource assessments in regions where the use of wind energy may prove feasible; (3) initiate a general site prospecting program; (4) establish standard wind data collection and siting techniques; (5) establish, in consultation with the Administrators of the National Oceanic and Atmospheric Administration, the Environmental Protection Agency, and the National Aeronautics and Space Administration, a national wind data center to make public information available on wind energy. Directs the Secretary to prepare a comprehensive program management plan for the research, development, and demonstration activities prescribed under this Act for submission to specified congressional committees. Sets forth criteria for selection of programs consistent with the purposes of this Act. Directs the Secretary to monitor, collect and evaluate data and information, and conduct studies and investigations relating to wind energy systems and programs. Directs the Secretary to assure that information relating to programs, projects and other activities conducted under this Act are widely disseminated to Federal, State, and local authorities, relevant segments of the economy, the scientific community and the public, so as to promote the use of wind energy to the maximum extent feasible. Directs the Secretary to assure that small businesses will have adequate opportunities to participate in the programs conducted under this Act to the maximum extent practicable. Authorizes the appropriation of $100,000,000 for fiscal year 1980 to carry out the purposes of this Act.
United States · United States Congress · 13 November 1979
Designates the third week of September of each year as "National Cystic Fibrosis Week."
United States · United States Congress · 13 November 1979
Expresses the sense of Congress that the President should terminate all military training of Iranian personnel pursuant to sales under the Arms Export Control Act.
United States · United States Congress · 9 November 1979
Municipal Resources Management Act of 1979 - Amends the Solid Waste Disposal Act to include among the objectives of the State and Regional Solid Waste Plan provisions of such Act the maximum utilization of energy and materials recoverable from solid waste. Amends such Act to include among the considerations for promulgating State Plan guidelines the existence of available new and additional markets for energy and energy resources recovered from solid waste. Makes a State eligible for financial assistance for energy and materials recovery feasibility planning and assistance under such Act upon a determination that such State's solid waste plan includes specified provisions relating to energy and other materials recoverable from municipal waste. Authorizes such State to make any of such assistance available to municipalities for similar activities. Authorizes the Administrator of the Environmental Protection Agency to make grants to municipalities to carry out energy and materials recovery feasibility planning and assistance activities. Authorizes the Administrator to provide technical assistance to States and municipalities to assist in removing impediments to the development of systems and facilities designed to recover energy and materials from municipal waste. Directs the Administrator to collect and disseminate information relating to the recovery of energy and materials from solid waste.
United States · United States Congress · 8 November 1979
Infant Formula Act of 1979 - Amends the Federal Food, Drug, and Cosmetic Act to set forth requirements for infant formulas. States that formulas which do not conform to such requirements shall be deemed to adulterated. Requires each manufacturer of an infant formula to annually submit to the Secretary of Health and Human Services (formerly, the Secretary of Health, Education and Welfare) reports or test results which show that the formula meets such requirements. Directs the Secretary to notify the manufacturer if such Secretary determines the formula is adulterated. Requires such manufacturer to give the Secretary satisfactory assurances of initiating a recall to all retail purchasers of such formula within 48 hours of receiving notification of the Secretary's determination. Directs the Secretary to initiate actions for the seizure of such formula should the manufacturer fail to make such assurances. Permits an inspector enforcing the provisions of this Act access to specified test records of the manufacturer at all times. Makes the failure to submit required reports and test results a prohibited act under the Federal Food, Drug, and Cosmetic Act.
United States · United States Congress · 7 November 1979
Privacy of Correspondence Act - Prohibits the opening of mail which is sealed against inspection except: (1) with the consent of the sender or addressee; (2) pursuant to a search warrant; (3) by a Postal Service employee for the purpose of determining an address of delivery or upon suspicion that the mail contains an explosive device; or (4) by an employee of the Customs Service upon suspicion that an item weighing more than one ounce contains material which is being imported illegally. Authorizes any person whose mail is illegally opened to bring a civil action against those persons responsible and to a recover a minimum of $1,000 plus court costs.
United States · United States Congress · 7 November 1979
Handgun Crime Control Act of 1979 - Title I: Amendments to Chapter 44, Title 18, United States Code, Gun Control - Amends the Gun Control Act of 1968 to revise and add definitions used in the Act. Defines "handgun" to include handgun parts. Defines "Department" to mean the Department of Justice (current law is under the authority of the Secretary of the Treasury). Prohibits non-licensees from engaging in the business of repairing firearms or ammunition. Stipulates that certain otherwise lawful activities, such as the returning of a firearm by a licensee to the person from whom it was received and the mailing of a firearm to a licensee for the purpose or repair, shall be unlawful with respect to "easily concealable handguns" (that is, those handguns not approved by the Attorney General under this Act). Prohibits the loan or rental of an easily concealable handgun to another person for temporary use for lawful sporting purposes. Prohibits a licensee from selling a handgun to a person who does not appear in person at the licensee's business premises. Prohibits a licensee from selling or delivering a firearm or ammunition to any person if such sale or delivery violates a public ordinance at the place of residence of the purchaser. Revises the statement which must be submitted to a licensee by a purchaser not appearing at such licensee's business premises to provide that such purchaser be 18 years of age with respect to all firearms (current law requires a purchaser of any firearm other than a shotgun or rifle to be 21 years of age). Prohibits a licensee from manufacturing, assembling, selling, or transferring any handgun, other than a curio or relic, which has not been approved by the Attorney General. Prohibits any person from transferring such a handgun unless such person has reasonable cause to believe that the handgun has been approved. Excepts the mailing of handguns to comply with approved standards under certain circumstances. Prohibits the modification of an approved handgun resulting in the failure of such handgun to meet the approved standards. Revises the current prohibition against certain classes of individuals transporting a firearm or ammunition in interstate commerce to: (1) extend such prohibition to possession or receipt of any firearm or ammunition; and (2) include as additional categories illegal aliens, persons dishonorably discharged from the Armed Forces, and persons who have renounced their United States citizenship. Includes such categories in the current prohibition against selling a firearm or ammunition to certain classes of individuals. Prohibits any person from transporting a firearm or ammunition in interstate or foreign commerce in violation of a State law in a place to or through which the firearm was transported. Prohibits a licensee from transferring three or more handguns to the same non-licensee within a period of one year, without prior approval of the Attorney General. Prohibits a non-licensee from receiving three or more handguns within one year without such approval. Prohibits any person who has knowledge of the loss, theft, or disappearance of a handgun in his or her control or possession to fail to report such incident to a law enforcement officer and the Attorney General. Specifies the circumstances under which a person in lawful possession of a license or permit to: (1) carry handguns issued under a State licensing or permit granting program approved by the Attorney General may purchase or receive a handgun in any State from a licensed dealer or non-licensee; and (2) purchase handguns issued under an approved program, may purchase or receive a handgun in the State issuing the license or permit. Directs the Attorney General to review State laws providing for licenses or permits to carry or purchase handguns and to certify as approved those satisfying specified requirements. Specifies the circumstances under which (except as provided by other sections of the Act) a licensed dealer or non-licensee may transfer a handgun to another non-licensee. Sets new annual licensing fees of $5,000 for a manufacturer or importer of handguns, $500 for a dealer in handguns, $100 for a dealer in ammunition for handguns that is not also used in rifles, and $100 for a dealer who is a gunsmith. Prohibits a pawnbroker from being licensed as a dealer in handguns or handgun ammunition and such dealers from conducting business from the premises of a pawnbroker. Imposes additional requirements for the approval of a license application by the Attorney General. Increases from 45 to 90 days the period in which an application must be approved or denied. Authorizes the Attorney General, after notice and opportunity for hearing, to suspend or revoke a license, or subject a licensee who violates any provision of the Act to a civil penalty of up to $10,000 per violation. Sets forth new recordkeeping requirements for licensed importers, manufacturers, and dealers in handguns. Provides for the transfer of records where a licensee loses his or her license, transfers the business to another person, or in any way ceases doing business. Directs the Attorney General to appoint a 15-member Handgun Criteria Commission to develop criteria for the evaluation of handgun models according to frame size and other appropriate factors for determining whether such models are easily concealable, have potential for criminal use, or are particularly suitable for sporting purposes. Requires the Commission to submit a report containing such criteria within one year of enactment and to evaluate biannually the effectiveness of existing criteria. Directs the Attorney General to revise the criteria upon a determination by the Commission that handguns satisfying existing criteria are significantly involved in handgun crime. Requires final criteria to be transmitted to Congress, which may disapprove by resolution the criteria within 60 days of continuous session. Directs the Attorney General to approve for manufacture, importation, or transfer any handgun model which satisfies the established criteria after representative samples of such model are evaluated and tested. Authorizes exceptions with respect to handguns which are particularly appropriate for law enforcement purposes. Directs the Attorney General, prior to the time that criteria have been established, to evaluate samples of all handgun models and approve for manufacture, importation, or transfer handgun models which meet specified requirements. Sets forth procedures for the administrative review of a finding that a sample submitted has failed to meet the approved standards. Requires the Attorney General to publish at least semiannually in the general register a list of handgun models which have been tested and the test results. Deems approved any handgun model not in manufacture on or after October 21, 1968, and which has not been tested. Revises the penalties under such Act. Disallows, with respect to a person who uses or carries a firearm during the commission of any felony and receives an additional sentence, the suspension of such sentence, the giving of probation, or the concurrent running of a term of imprisonment (under current law such prohibitions apply only to a second or subsequent offense). Sets forth a mandatory period of parole ineligibility for such offense, unless the court finds specified mitigating circumstances. Makes any person (including a licensee) who negligently sells or transfers a handgun in violation of this Act civilly liable for the death or injury suffered by an individual as a result of the use of the handgun by the transferee in the commission of an offense that causes death or personal injury to that individual. Stipulates that certain exceptions to the provisions of the Act shall only apply with respect to handguns which have been approved by the Attorney General in accordance with the Act. Allows a mental incompetent to be relieved from the disabilities of the Act with respect to the possession, acquisition, or transfer of firearms upon specific findings by a court. Authorizes the Attorney General to permit the importation of approved handguns. Directs the Attorney General to make annual grants for each fiscal year and supplemental grants at his or her discretion for compensation of victims of handgun crime to qualifying State programs for the compensation of victims of handgun crime. Specifies eligibility criteria for such programs and the amount of authorized payments. Requires the Attorney General to submit annual reports to the congressional judiciary committees concerning such programs. Establishes a nine-member Advisory Committee on Victims of Handgun Crime to advise the Attorney General on the administration of the programs and policies relating to the compensation of victims of handgun crimes. Title II: Gun Control Functions Transferred to Attorney General - Transfers to the Attorney General all functions of the Secretary of the Treasury under the Gun Control Act of 1968. Authorizes the President to transfer additional functions of other agencies to the Department which relate to the functions transferred by this Act. Establishes within the Department of Justice the Firearms Safety and Abuse Control Administration to administer the functions of the Attorney General under the Gun Control Act of 1968. Directs the Attorney General to transmit to Congress as part of the annual report of the Department of Justice a report on the activities of the Administration. Title III: Miscellaneous Provisions - Amends the Federal criminal code to increase from 45 to 90 days the period in which an application for a user permit or a license to import, manufacture, or deal in explosive materials must be approved or denied. Authorizes the Attorney General, after notice and opportunity for hearing, to suspend or revoke a license, or subject a licensee who violates any statutory requirement to a civil penalty of up to $10,000 per violation. Directs the Postal Service to promulgate regulations for the conveyance of handguns in the mails. Directs the Advisory Commission on Intergovernmental Relations established by the Act of September 24, 1959, in consultation with the United States Conference of Mayors, the National League of Cities, and representatives of Federal, State, and local law enforcement agencies, to report within six months of enactment on: (1) intergovernmental problems in controlling illicit handgun traffic; and (2) the effectiveness of the Omnibus Crime Control and Safe Streets Act of 1968 and the Gun Control Act of 1968. Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, veterans dishonorably discharged, mental incompetents, illegal aliens, and persons renouncing their United States citizenship). Makes this Act effective 120 days after enactment, with specified exceptions.
United States · United States Congress · 25 October 1979
Amends the Vietnam Veterans Memorial Fund, Incorporated, to erect a memorial on public grounds in the District of Columbia in honor and recognition of the men and women of the armed forces who served in the Vietnam war.
United States · United States Congress · 19 October 1979
Title I: Findings, Purposes, and Definitions - Declares that the purpose of this Act is to provide for a coordinated, simplified, and prompt process for obtaining Federal, State, and local approval of nonnuclear energy facilities which are determined to be in the national interest. Title II: Priority Projects - Authorizes the President to establish an Energy Mobilization Board to be composed of members appointed by the President. Sets forth the general duties and powers of such Board, including the subpoena power. Directs the Board to keep the Senate Committee on Energy and Natural Resources and the House Committees on Interior and Insular Affairs and on Interstate and Foreign Commerce fully and currently informed concerning its activities, including the submission of an annual report. Stipulates that projects related to the production of nuclear energy or approved under the Public Utility Regulatory Policies of 1978 be excluded from coverage under this Act. Directs the Board to designate Priority Energy Projects and to publish a Project Decision Schedule containing deadlines for all Federal actions relating to such projects. Directs the Board to provide the appropriate committees with a copy of such designation orders. Sets forth the criteria the Board must consider in making such designations, including: (1) the extent to which the energy project would reduce the Nation's dependence upon nonrenewable resources; (2) the magnitude of any economic and social impacts and costs associated with the project in relation to the impacts and costs of alternatives; (3) the extent to which the project would make use of renewable energy resources, or conserve energy; (4) the extent to which the project would contribute to the development of new production or conservation technologies and techniques; (5) adverse impacts on the environment and on competition; and other specified criteria. Directs the Board to notify the Governor of each State in which any portion of a project designated as a Priority Energy Project is proposed to be located. Permits such Governor to appoint a non-voting Member to the Board to participate in decisions concerning such project, including the Project Decision Schedule. Exempts priority energy project designations or refusals to make a designation, promulgation or revision of Project Decision Schedules, and Board actions relating to streamlining of procedures, from the impact statement requirements of the National Environmental Policy Act of 1969 (NEPA). Directs the Council on Environmental Quality to determine whether any Federal action relating to a Priority Energy Project, after it has been so designated and prior to establishing the Project Schedule, will be a "major Federal action" for purposes of compliance with the National Environmental Policy Act (NEPA). Requires the Council to designate a lead agency to assure compliance with NEPA whenever a major Federal action is involved. Authorizes the Board to require that one environmental impact statement be prepared and that such statement be used by all Federal agencies to satisfy NEPA with respect to such projects. Authorizes the Board to extend the time for certain deadlines. Requires each agency having authority to make any agency decision with respect to any part of a project designated as a Priority Energy Project to transmit to the Board: (1) a compilation of all significant actions required to be taken by such agency and by the applicant before such decision can be made and a summary of procedural requirements applicable to such actions; (2) a tentative schedule for completing such actions and making such decisions; and (3) a statement of administrative requirements to take such actions. Directs the Board to publish a Project Decision Schedule within 45 days of the transmittal of agency information. Stipulates that such schedule: (1) identify the order in which decisions which must be made by each agency are to be made; (2) identify the deadlines applicable to such decisions; (3) be consistent with the tentative schedules transmitted to the Board, unless the Board determines a different schedule is essential to expedite and coordinate agency review; and (4) be binding on the agency and on all other persons to which the Schedule applies. Permits the Board to modify any schedule applicable to any agency's decision or action subject to the Project Decision Schedule upon petition of such agency where the agency determines such modification will facilitate agency compliance with the Schedule. Permits affected agencies to consolidate proceedings related to actions and decisions subject to the Project Decision Schedule, if such streamlined procedures provide for effective participation by interested parties in such decisionmaking. Directs the Board to monitor compliance with the Schedule by all affected agencies and persons. Permits the Board to take such actions as it deems appropriate to bring any person or agency responsible for a project delay into compliance with the Schedule. Directs the Board, when any person responsible for filing or taking any other action on behalf of a Project refuses to take such action, to either revise such Project Decision Schedule or revoke the Priority Energy Project designation. Stipulates that, unless otherwise provided for, the other statutory obligations and authority of any independent regulatory agency remain unaffected by this Act. Authorizes the Board to bring an expedited enforcement action against any agency failing to or reasonably likely to fail to comply with a Project Decision Schedule in the appropriate United States district court. Directs such court to issue specified orders requiring compliance with such Schedule and to take any necessary measures, including citation and punishment of the responsible officials for contempt of court, for failure to meet any court-imposed deadlines. Authorizes the President to perform any action or make any decision required of an agency by court order in the event such agency fails to perform such action or make such decision. Authorizes the Board to order the temporary suspension of the application of any requirement of Federal, State, or local law enacted or promulgated after the commencement of construction of any facility which is part of a Priority Project where it is determined that such requirement could prevent timely completion or operation of such facility and that such temporary suspension would not create any significant public health or safety risks. Sets forth time limits on such suspension orders and exempts specified requirements from being suspended. Stipulates that nothing in this Act shall expand or confer on the United States any right to acquire water rights nor alter any provisions of State law or interstate compact governing water use. States that Board action granting or denying designation orders or suspending Federal, State, or local requirements of law shall be subject to judicial review only for failure to comply with this Act or for constitutional violations. Provides for judicial review of other Board actions as specified. Requires that any reviewing court expedite and consolidate such review to the maximum extent practicable. Requires that any party seeking Supreme Court review of any judgment or order of a circuit court of appeals pursuant to this Act must file a petition for a writ of certiorari within 60 days of the decision of the lower court or such appeal shall be barred. Sets a 60-day time limit for the promulgation of regulations for carrying out this Act. Terminates the Board's authority seven years after the date of enactment of this Act. Directs the Board to prepare and submit to the President and the Congress a comprehensive report of its activities during such period. Directs the Comptroller General of the United States to submit to the Congress a report evaluating the performance of the Board and setting forth findings and recommendations with respect to the program authorized under this Act. Authorizes appropriations for fiscal year 1980 and succeeding fiscal years to carry out this Act.
United States · United States Congress · 19 October 1979
Expresses the sense of Congress that the Soviet Union should release Ida Nudel and allow her to emigrate to Israel. Urges the President to: (1) express U.S. opposition to the exile of Ida Nudel to Siberia; and (2) inform the Soviet Union that the United States will take into account the extent to which countries honor their commitments under international law, particularly concerning human rights.
United States · United States Congress · 18 October 1979
Expresses the sense of Congress that no U.S. company doing business in South Africa should not: (1) engage in unfair employment practices; (2) deny its employees the right to choose a representative organization; (3) maintain segregated facilities; or (4) pay unequal compensation for equal work. Expresses the sense of Congress that U.S. companies doing business in South Africa should: (1) recognize unions and permit collective bargaining; (2) train nonwhites for supervisory, administrative, and skilled jobs; and (3) try to improve housing, transportation, and health facilities for their nonwhite employees.
United States · United States Congress · 16 October 1979
Long-Term Care Residents' Rights Act - Declares as the policy of the United States that each resident in a long-term care facility has specified basic rights, such as the right to participate in decision-making regarding his or her medical treatment to the maximum extent possible, and the right to confidential treatment of personal and medical records. Requires that each long-term care facility which participates in a health care program, receives Federal assistance, or is certified for participation in a Federal or State health care financing program secure to each resident such basic rights by meeting specified obligations, including the following: (1) establishing written policies regarding residents' rights and procedures for implementing such policies; (2) informing residents of their rights and of any changes in the policies and procedures of the facility at least 30 days before any such change becomes effective; (3) informing residents of the services and charges of the facility; (4) giving 30-day notice to a resident who is to be involuntarily transferred or discharged from the facility; (5) assisting each resident to exercise his or her rights as a resident and citizen, including filing complaints and voicing grievances; (6) protecting each resident from mental and physical abuse; and (7) permitting residents who are husband and wife to share the same room if they so choose. Prohibits any such facility from: (1) denying admission to or terminating the stay of any resident because of the source of third-party payment; or (2) interfering with the right of any resident to receive primary health care services from sources other than the facility. Amends the Older Americans Act of 1965 to require the long-term care ombudsman program to investigate and resolve complaints made by or on behalf of a resident of a long-term care facility regarding alleged violations of rights secured by this Act. Grants to any individual whose rights under this Act have been violated a cause of action against the facility for damages and other relief in a United States district court without regard to the amount in controversy or exhaustion of remedies. Stipulates that the provisions of this Act shall not apply to any facility: (1) for the mentally ill; (2) owned and operated by the Federal Government or; (3) affiliated with a correctional institution.
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 · 12 October 1979
Amends the Puerto Rico Federal Relations Act to require that initial pleadings in the United States District Court for the District of Puerto Rico be filed in either the Spanish or English language. Requires further pleadings and proceedings to be in English, unless: (1) the defendant in a criminal case requests that they be in Spanish; (2) all parties in a civil case agree that they be in Spanish; or (3) the court orders such pleadings and proceedings to be in Spanish. Specifies language provisions for court opinions and appeals. Prohibits the disqualification of persons on a grand or petit jury in the Commonwealth of Puerto Rico solely because of a person's inability to speak, read, write, and understand English if such person is able to speak, read, write, and understand the language in which the proceeding for which the juror is called is to be conducted. Allows the Government attorney to determine whether a grand jury is to be conducted in English or Spanish. Directs the Administrative Office of the United States Courts to report periodically to Congress on the implementation of this Act. Makes the provisions of this effective one year and 180 days after enactment.
United States · United States Congress · 12 October 1979
Fair Financial Information Practices Act of 1979 - Title I: To Amend the Fair Credit Reporting Act - Privacy Protection Amendments of 1979 - Amends the Fair Credit Reporting Act to revise the definition of consumer report to include those prepared in connection with insurance transactions, governmental benefits, and business transactions. Broadens the exemptions from such definition. Specifies those services or agencies that are not considered to be consumer reporting agencies. Sets forth the agencies and persons to whom a consumer reporting agency may furnish a consumer report. Raises the amounts involved in transactions which make consumer credit reports exempt from the provision prohibiting the inclusion of specified information in such reports. Requires consumers to be notified prior to the procurement or preparation of an investigative consumer report on such consumer. Requires specified information be given to applicants for insurance concerning such reports. Directs persons who procure or cause to be prepared such reports to make a complete disclosure, at the request of the consumer, of the nature and scope of the investigation requested. Directs credit reporting agencies or independent authorization services to notify consumers of impermissible uses of consumer reports. Directs such agencies to assure that file items reflect good faith exercises by consumers of their rights. Prohibits such agencies from requiring a quota of reports. Requires regular reporters of consumer information to agencies to ensure the accuracy of their information. Describes the information that must be given to a requesting consumer. Permits such agencies or services to withhold: (1) third party medical information, if it discloses the same to a medical professional designated by the consumer; (2) identifying information of any noninstitutional source of information in specified circumstances; and (3) codes used to ensure the security of a reporting system. Requires disclosures be made during specified hours and by specified means depending on the circumstances. Directs such agencies or services to provide trained personnel to explain any information to the consumer. Revises the procedures to be followed by consumers or creditors disputing the accuracy or completeness of any item of information contained in a file. Establishes: (1) time limits for the consumer reporting agency to reinvestigate such disputes; and (2) notification requirements concerning the results of such reinvestigations. Requires consumer reports to be furnished free of charge to consumers notified of an adverse credit rating pursuant to this Act or the Fair Authorization Information Practices Act. Directs consumer reporting agencies furnishing a consumer report for employment purposes to transmit a copy of such report to the individual to whom it relates. Requires every investigative consumer report containing adverse information to be in writing. Requires users of consumer reports to disclose the address of any consumer reporting agency which prepared a report resulting in adverse action, as well as the reasons for such action. Prohibits agencies from using interviews to obtain information about a consumer in which the interviewer misrepresents the purpose of the interview or his or her identity. Sets forth the civil damages to which a consumer is entitled for willful noncompliance with this Act. Increases the criminal penalties for obtaining information under false pretenses and unauthorized disclosures. Provides criminal penalties for alterations of consumer reports. Directs the Federal Reserve Board to prepare a model summary of consumers' rights under this Title. Gives enforcement authority for this Title to the Federal Trade Commission. Provides for these amendments to take effect one year after enactment. Title II: Fair Credit Information Practices - Fair Credit Information Practices Act - Sets forth the persons to whom and the circumstances under which a creditor may disclose individually identifiable information collected or maintained in connection with a credit transaction. Requires creditors to notify consumers of their: (1) credit information collection and disclosure practices; and (2) use or disclosure of individually identifiable information for marketing purposes. Sets limits on a creditor's information collection practices. Requires consumers to be given specified information in the event of an adverse credit decision. Gives the consumer the right of access to credit information on which an adverse decision is based. Sets forth the procedure to be followed if a consumer disputes the accuracy or completeness of any item of information. Requires creditors to notify another creditor, consumer reporting agency, debt collector, or independent authorization service of any inaccurate information reported to such parties. Directs the Board of Governors of the Federal Reserve System to prescribe regulations pertaining to notice and adverse credit decisions. Provides for the enforcement of this Act by the Federal Trade Commission unless otherwise specified. Sets forth civil and criminal penalties for violations of this Act. Requires consumers to be served with a copy of any legal process requesting information pertaining to such consumer. Permits consumers to contest the disclosure of such information. Amends the Equal Credit Opportunity Act to deem compliance with this Act as being in compliance with the Equal Credit Opportunity Act. Provides for this Act to take effect one year after enactment. Title III: Fair Authorization Information Practices - Fair Authorization Information Practices Act - Specifies the parties to whom individually identifiable information may be disclosed by an independent authorization service. Sets forth the duties of such services and their subscribers. Provides a procedure to be followed when a consumer disputes the accuracy or completeness of any item of information. Makes such services liable to consumers adversely affected as a result of inaccurate information or information obtained in violation of this Act which is maintained by such service. Provides for this Act to take effect one year after enactment. Title IV: Fair Debit Information Practices - Fair Debit Information Practices Act - Sets forth the circumstances and the persons to whom individually identifiable information maintained in connection with a depository service may be disclosed by a depository institution. Requires depository institutions to notify the customer, applying for the provision of any depository service, of information disclosure practices. Grants enforcement authority to the Federal Trade Commission, unless otherwise specified. Provides civil and criminal penalties for violations of this Act. Permits depository institutions to disclose to a party to civil litigation information pertaining to a customer who is also party to the litigation, if such disclosure is pursuant to some compulsory legal process. Requires customers to be notified of such process if they are not parties to the proceeding. Permits such customers to contest the disclosure of the information. Provides for this Act to take effect one year after enactment. Title V: Fair Insurance Information Practices - Fair Insurance Information Practices - Fair Insurance Information Practices Act - Sets forth the circumstances and the persons to whom individually identifiable personal information may be disclosed by an insurance institution, agent, or support organization. Requires such institutions and agents to notify the insurance applicant or claimant of their information collection and disclosure practices prior to collecting personal information about an individual. Specifies the manner in which personal information may be collected. Requires insurance institutions, agents, or support organizations to make personal information in their control available to the individual concerned. Specifies the procedures to be followed. Permits specified information to be withheld from an individual in specified circumstances. Gives the individual concerned the right to have errors corrected and misrepresentations amended according to specified procedures. Requires insurance institutions or agents to notify individuals subject to an adverse underwriting decision of the reasons for such decision and the individual's rights. Sets forth circumstances in which the notice requirements do not apply. Declares that the individual's exercise of the rights under this Act shall not affect the individual's eligibility for insurance benefits. Sets forth civil and criminal penalties for violations of this Act. Authorizes the principal State insurance regulatory official to enforce this Act. Provides for this Act to take effect one year after enactment. Exempts personal information maintained by an insurance institution from the Privacy Act of 1974. Sets forth provisions concerning the disclosure of personal information by an insurance institution, agent, or support organization pursuant to some compulsory legal process.
United States · United States Congress · 11 October 1979
Designates the month of July, 1980, as "National Porcelain Art Month."
United States · United States Congress · 9 October 1979
Equal Employment Opportunity for the Handicapped Act of 1979 - Amends the Civil Rights Act of 1964 to include discrimination against the handicapped as an unlawful employment practice. Permits such discrimination pursuant to a bona fide seniority or merit system or as a bona fide occupational qualification. Authorizes courts to order the hiring or reinstatement or paying of back pay to anyone discriminated against on the basis of their handicap. Prohibits discrimination in Federal employment of the handicapped. Authorizes civil actions for such discrimination.
United States · United States Congress · 9 October 1979
Authorizes and requests the President to designate May 1, 1980, as "National Bicycling Day."
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 · 21 September 1979
Amends the Internal Revenue Code to allow individuals a refundable income tax credit equal to one-third of the total cost during the taxable year of heating oil purchased by such individuals for use in a residence for residential purposes. Limits the dollar amount of such credit to $400 for the taxable year. Reduces the amount of such credit by one percent of the amount by which the taxpayer's adjusted gross income exceeds $20,000. Provides for the termination of the credit for taxable years ending after December 31, 1983.
United States · United States Congress · 19 September 1979
Small Business Innovation Research Act of 1979 - Amends the Small Business Act to direct the Small Business Administration (SBA) to develop an information program to assure that each qualified small business concern has the opportunity to participate in the Federal agency Small Business Innovation Research (SBIR) programs. Requires the SBA to report annually to the appropriate committees of Congress on the SBIR programs. Requires each Federal agency having an annual research and development budget of more than $100,000,000 to establish an SBIR program where one-half of one percent of its 1980 research and development budget and one percent of its subsequent budgets would be reserved for contract awards to small business firms specifically in connection with the SBIR program. Sets forth responsibilities of each such Federal agency with respect to the administration of an SBIR program as follows: (1) determine categories of projects; (2) issue SBIR solicitations; (3) receive and evaluate proposals; (4) select awardees for SBIR contracts; (5) administer such contracts; (6) make payments to SBIR contractors; and (7) make quarterly reports on the SBIR program to the SBA. Requires each Federal agency with a research and development budget in excess of $20,000,000 to establish goals specifically for awards of contracts for research and development to small business concerns. Allows such agencies to include the value of SBIR contracts in determining whether such goals are met. Prohibits contract awards to small business concerns for research and development which result from competitive or single source selections other than under an SBIR program to be counted as meeting any portion of the percentage requirements established pursuant to this Act. Directs the Administrator of the Office of Federal Procurement Policy, in conjunction with the SBA and the National Science Foundation, to issue regulations which shall: (1) provide a simplified acquisition process for the program with SBIR requests for proposals being standardized throughout the Federal Government; and (2) include uniform requirements for patent rights and rights in data.
United States · United States Congress · 17 September 1979
Energy Productivity Act of 1979 - Title I: Residential Energy Conservation - Establishes the Residential Energy Conservation Office within the Department of Energy to accept applications for reimbursement of residential energy conservation improvement expenditures made in accordance with regulations issued by the Director of such office. Sets forth requirements for such applications and imposes limitations upon the amount of reimbursement to be made to approved applicants for energy conservation improvements to houses, apartment buildings, and hotels. Directs the Director to coordinate such reimbursement program with the energy audit program established under the National Energy Conservation Act and to promote the availability of such audits in connection with such reimbursement program. Authorizes the Director to use any available means of communication to advertise such residential energy conservation reimbursement program. Requires the Director to conduct an evaluation of such program to determine its effectiveness in promoting residential energy conservation and its cost effectiveness in terms of probable energy savings. Directs the Comptroller General of the United States to audit the operations of the Residential Energy Conservation Office. Sets forth procedures for such audits. Authorizes appropriations for such residential energy conservation program. Requires sellers of energy conservation improvements to certify to purchasers that such improvements comply with regulations issued by the Director pursuant to this Act. Establishes criminal penalties for providing false information to the Director concerning any reimbursement application or improvement certification. Title II: Industrial Fuel Conservation - Authorizes the Secretary of Energy to make loans to industrial firms to assist in paying engineering costs for industrial energy conservation projects. Sets forth criteria for issuing necessary regulations and terms and conditions for such loans. Authorizes appropriations for such program for fiscal years 1980 through 1985. Authorizes appropriations for an accelerated energy productivity industrial research, development, and demonstration program. Directs the Secretary to issue regulations providing for an energy rebate to industrial firms implementing energy conservation projects approved by the Secretary. Sets the amount of such rebate at $15 for each barrel of crude oil equivalent of critical fuel saved in the full year following such project implementation. Requires that such rebate be structured to provide incentive for investment in permanent conservation equipment and production procedures. Authorizes appropriations for such rebate program. Title III: Commercial Property Energy Conservation Loan Program - Directs the Secretary to establish within the Department of Energy a Commercial Property Energy Conservation Loan Program for the purpose of providing low-interest loans to owners, developers, or builders of commercial property for the purchase of energy conservation systems. Prohibits participation of Program personnel and agents in matters affecting their personal interest or the interests of any entity with which they are associated. Directs the General Accounting Office to periodically audit the financial transactions of the program. Establishes an advisory board to provide advice to the Secretary in carrying out such loan program. Sets forth membership requirements for such Board. Excludes owners, developers, or builders of structures eligible for grants pursuant to title III of the National Energy Conservation Policy Act from eligibility for such loans. Defines the term "energy conservation systems" for the purpose of determining eligibility for such loans and sets forth terms thereof. Provides that where a borrower has entered into agreements with his tenants allowing energy savings passthroughs, such borrower may pass through annual loan payments to his tenants as operating energy expenses. Establishes criminal penalties for making false statements or misrepresentations concerning loans made under such program. Directs the Secretary to make annual reports to the President and to both Houses of Congress on the operation of such program, recommendations for improvements, and identification of problem areas. Directs the Secretary to promote such loan program by informing financial institutions and commercial property owners, developers, and builders of the benefits of such program. Permits the use of Department of Energy personnel on such program. Authorizes appropriations for such program for fiscal years 1980 through 1983.
United States · United States Congress · 14 September 1979
Amends the Federal criminal code with respect to the interception of communications to redefine "wire communication" and "intercept" to include the acquisition of the identity of the intended or actual point of origin or reception of a communication (thus applying such law to the use of a "pen register," a mechanical device which records the numbers dialed on a telephone line to which it is attached).
United States · United States Congress · 11 September 1979
Fuel Assistance Act of 1979 - Title I: Fuel Assistance for Low-Income and Elderly Households - Directs the Secretary of Health. Education, and Welfare (HEW), in cooperation with the Secretary of Energy, the Director of the Community Services Administration, and the Secretary of Housing and Urban Development, to establish procedures for determining the needs of eligible low- income and elderly households for increased weatherization and other energy-related assistance and for providing such assistance on a time basis. Earmarks specified funds for the purpose of creating public information and outreach programs designed to ensure maximum participation in the energy assistance program established under this Act. Directs the Secretary of HEW, acting through the Social Security Administration, to establish a program to provide assistance to low-income and elderly households for meeting primary residential fuel costs. Sets forth criteria for determining the amount of such assistance, and requirements for eligibility. Specifies that the amount or value of benefits provided under such program shall not be considered income or resources for any purposes under any Federal or State law. Establishes a system of making payments to fuel suppliers supplying fuel to eligible recipients. Requires such suppliers to provide specified information to the appropriate State agency in order to qualify for such payments. Provides that such program shall be administered by the appropriate State agency according to an agreement between such agency and the Secretary, or, in the absence of such agreement, by the Secretary in accordance with regulations. Requires suppliers to keep full records and submit them to the Comptroller General as needed for auditing purposes. Prohibits suppliers from refusing to sell fuel to eligible participants solely on the basis of their participation in the fuel assistance programs established under this Act. Prohibits suppliers from terminating supplies of primary residential fuel to eligible households except in accordance with specified procedures. Imposes criminal penalties for violations of the provisions of this Act. Authorizes the Secretary to issue regulations necessary to carry out this Act. Authorizes appropriations to carry out such fuel assistance program. Directs the Director of the Community Services Administration to establish a crisis intervention program to supplement the fuel assistance program with evacuation procedures, emergency shelter, home repair, or payment of bills. Authorizes appropriations for such crisis intervention for fiscal years 1980 through 1982. Title II: Middle-Income Energy Tax Credit - Amends the Internal Revenue Code to allow a tax credit to eligible taxpayers for amounts paid for heating oil for principal residences.
United States · United States Congress · 7 September 1979
Amends the Internal Revenue Code to qualify passive solar energy property for the residential energy tax credit.
United States · United States Congress · 6 September 1979
Fair Housing Amendments Act of 1979 - Entitles title VIII of the Civil Rights Act of 1968 (as entitled by this Act) the Fair Housing Act. Amends such Act to define "handicap" as: (1) a physical or mental impairment which substantially limits one or more of a person's major life activities; (2) a record of having such an impairment; or (3) being regarded as having such an impairment. Defines "aggrieved person" as any person who claims to have been injured by a discriminatory housing practice or who believes that such person will be irrevocably injured by a discriminatory housing practice that is about to occur. Exempts from coverage under such Act a room or unit in an owner-occupied dwelling intended to be occupied by no more than four families living independently if such room or unit is sold or rented: (1) without the assistance of any real estate broker, agent, or salesman; and (2) without the publication or mailing of any advertisement or written notice indicating any preference or discrimination based on race, color, religion, or national origin. Stipulates that such prohibition shall not preclude the use of attorneys, title companies, or other professional assistance to perfect or transfer title. Includes the handicapped within the groups that may not be discriminated against in housing. Makes it unlawful: (1) for an insurer against hazards to discriminate with regard to such insurance contracts; (2) to refuse to sell or rent (after the making of a bona fide offer) to a handicapped person unless such handicap would present a prospect occupant from conforming to specified non-discriminatory rules and practices; and (3) to discriminate against a handicapped person in the conditions of sale or rental, or in the provision of related services or facilities. Stipulates, with regard to such sales, rental, or related services, that discrimination shall include a refusal to: (1) permit reasonable modification to permit access to the premises; and (2) make reasonable accommodations in policies, services, or facilities to afford handicapped persons equal enjoyment of the premises. Stipulates, with regard to such sales and related services, that discrimination shall not include a refusal to: (1) make alterations at the expense of sellers, landlords, owners, or persons acting on their behalf; (2) modify generally applicable policies, services, or facilities where such modification would unreasonably inconvenience others; or (3) allow architectural modifications which materially alter the intended use of a building or its environs. Makes it unlawful for a State or local government employee or agency to impede the establishment of a dwelling specifically intended for handicapped persons, unless such dwelling: (1) would not comply with Federal, State, or local health or safety regulations; (2) would not comply with Federal or State program standards for services to the handicapped; or (3) would violate a land use plan or zoning ordinance. Makes it unlawful for any person whose business includes the making, buying, or insuring of loans, or selling, brokering, or appraising of real property, to discriminate in the availability or the conditions (amount, interest rate, duration) of such housing-related loans. Directs the Secretary of Housing and Urban Development to enforce the provisions of such Act upon receiving a written charge filed by an aggrieved party within one year after the alleged discrimination occurred, or upon the Secretary's initiative. Requires the Secretary to notify the party charged with a discriminatory practice within ten days of the filing of such charge. Grants the Secretary authority to subpena necessary information and witnesses, and to issue interrogatories. Establishes penalties of up to $1,000 or one year in prison for willfully failing to testify or produce records, intentionally giving misleading information, or willfully altering any documentary evidence. Directs the Secretary to refer a discriminatory housing charge made within the jurisdiction of a State or local agency to such agency if the agency is certified by the Secretary. Prohibits the certification of such agency unless the Secretary determines that the protections of substantive rights, procedures, remedies, and judicial review are equivalent to those under Federal law. Directs the Secretary and other Federal agencies to cooperate and avoid duplication of efforts. Authorizes the Secretary, on the basis of a preliminary investigation, to refer a charge to the Attorney General in order to get appropriate preliminary relief pending final disposition of such charge. Directs the Secretary, upon a determination that reasonable cause exists to believe a housing discrimination charge is true, to refer the matter to the Attorney General or to file an administrative complaint. Directs the Secretary to provide a copy of such investigation's findings to the parties involved. Sets forth hearing provisions, including: (1) notice of the complaint and opportunity for a hearing not less than 30 days after service of such complaint; (2) rescheduling of such hearing; (3) resolution of a complaint by conciliation; (4) respondent's right to file an answer and testify at such hearing; (5) an aggrieved party's right to intervene; (6) the authority of the person conducting such hearing to make findings of fact and conclusions of law, to issue a final order of relief, and to impose a civil penalty not to exceed $10,000 (provides that no such final order shall affect a bona fide sale, rental, or encumbrance consummated before the issuance of such order); (7) the Secretary's authority to modify any such final order; (8) court of appeals judicial review within 60 days of entry of such order; and (9) a civil penalty of up to $1,000 a day for violation of an unreviewable (as set forth by this Act) final order of the Secretary. Permits aggrieved individuals to commence civil actions within three years of the alleged discriminatory practice. Prohibits proceedings by both the Secretary and the aggrieved individual. Authorizes the Attorney General: (1) to intervene in an aggrieved individual's civil action; and (2) to commence a civil action (a) against a person engaged in a pattern or practice of resistance to these provisions or (b) to enforce the Secretary's findings or orders. Permits the aggrieved individual to intervene in an action commenced by the Attorney General. Allows prevailing parties reasonable attorney and expert witness fees as part of a judicial or administrative award under this Act. Directs the Architectural and Transportation Barriers Compliance Board to report to the Congress not later than October 1, 1981, concerning: (1) the extent to which architectural barriers and other obstacles to accessibility of housing are operating to deny handicapped persons access to a reasonable housing choice in the private market; (2) the extent to which public, private, or cooperative public and private efforts have been undertaken to increase housing choice for the handicapped in the private market; and (3) the projected cost of retrofitting an adequate supply of existing housing units to make such units suitable for occupancy by handicapped persons. Authorizes appropriations for this Act, effective as of October 1, 1980.
United States · United States Congress · 6 September 1979
Health Care for All Americans Act - Establishes a comprehensive "national health insurance system" (defined as the programs established by this Act and Medicare for the financing of health-care services). States the findings and purposes of this Act. Enumerates the rights of eligible individuals, providers, and insurers and health maintenance organizations (HMOs). Requires that such individuals and entities have their views considered with respect to actions under this Act affecting them. Gives such an individual the right to: (1) choose any participating provider with respect to a covered service; (2) the prompt and accurate making of decisions under this Act; (3) be heard on any grievance related to benefits under this Act; and (4) confidential treatment and use of information collected under this Act. Gives such a provider the right to: (1) decide whether or not to participate in the system; (2) the prompt and accurate payment for services; and (3) choose the mode and place of practice (with respect to a physician provider). Gives such an insurer and HMO the right to: (1) decide whether or not to participate in the system; and (2) carry on a supplemental health insurance business. Defines terms used in this Act. Title I: Eligibility, Entitlement, and Enrollment - Extends eligibility for the benefits of this Act to: (1) U.S. citizens; (2) aliens lawfully admitted or permanently residing in the U.S. under color of law, including refugees; (3) aliens admitted to the U.S. as employees of a foreign government or international organization which has entered into an agreement with the U.S.; and (4) aliens admitted as temporary visitors from a foreign government which has entered into such an agreement. Directs the National Health Board (established by this Act), after consultation with the Secretary of State, to recommend to the President that executive agreements be entered into: (1) with foreign governments and international organizations to make their employees and officers eligible for health benefits in return for a payment of the national community-rated premium plus an amount equal to what would otherwise be payable as the Medicare hospital insurance payroll tax, if such employees were so taxed; and (2) with foreign governments upon a determination that it is in the national interest to make nationals or citizens of such nations who visit the U.S. eligible for benefits in return for comparable treatment of U.S. citizens abroad. Entitles each eligible individual to: (1) enroll in a qualified plan offered by an insurer or HMO and to change enrollment during certain periods; (2) have payment made on such individual's behalf and not be charged any fee for basic covered services; and (3) be issued a health insurance enrollment card. Stipulates that such a card shall not identify the category or basis for the individual's enrollment. Requires enrollment information to be available and provided: (1) by employers to employees; (2) by or through the Board to Medicare-eligible individuals; (3) by the Secretaries of Defense, Transportation, Commerce, and HEW to active- duty uniformed service personnel under their jurisdiction; (4) by the Social Security Commissioner to Supplemental Security Income (SSI)- eligible individuals; (5) by managers of Federal and State institutions to residents; (6) by State welfare agencies to Aid to Families with Dependent Children (AFDC)-eligible persons; and (7) by or through State health boards to other individuals. Directs the Board to notify State health boards of the identity of eligible individuals who, in certain Federal information returns, have failed to indicate enrollment under a qualified plan. Requires providers to transmit to their respective health boards requests for payment for eligible persons who did not indicate enrollment at the time of receiving services. Directs State health boards to make special efforts to locate such persons and provide for their enrollment. Defines "first general open enrollment period", "general open enrollment period", and "special enrollment period" for purposes of the program. Stipulates that all members of a family (other than those who are Medicare or SSI-eligible or residents of a Federal or State institution) be enrolled at any time in only one qualified plan. Requires employers to offer qualified employees during specified enrollment periods the choice of enrollment under: (1) at least one plan offered by an insurer belonging to (A) the Blue Cross-Blue Shield consortium or (B) the commercial insurance consortium; and (2) at least one plan offered by an HMO belonging to (A) the individual group practice HMO consortium or (B) the prepaid group practice HMO consortium (if such a plan is available in the area in which the employees obtain health care services). Allows the employer to also offer enrollment in plans offered by a self-insurer. Requires an offer of enrollment to be made first to a collective bargaining representative or other employee representative designated under law. Requires each employee to elect a plan in accordance with procedures established by the Board. Directs the employer to enroll such employee in a plan in accordance with procedures in the absence of such an election. Requires any employer offering in conjunction with a qualified plan a plan with benefits supplemental to basic services to provide employees with written information regarding additional employee costs for such supplemental plan. Limits a family which is offered a choice of plans to enroll under only one qualified plan. Subjects an employer who knowingly fails to comply with these requirements to a civil penalty which may be assessed by the Board and collected by civil suit in a district court. Requires active-duty members of the uniformed services to enroll in a plan from among such health plans offered by or through the Department of Defense as the Secretary of Defense, after consultation with the Secretaries of HEW, Transportation, Commerce, and the Board, finds are consistent with the statutory requirements regarding uniformed services medical care and with policy requiring provision of basic and other covered health services to such members and their families. Requires Medicare-eligible individuals to enroll with the Board or a participating HMO in accordance with the Medicare program. Allows SSI-eligible individuals, residents of Federal or State institutions not otherwise enrolled, AFDC-eligible individuals, or other individuals not otherwise enrolled to enroll during specified periods in any qualified health plan available to such individuals. Provides for the mandatory enrollment of such individuals who fail to enroll in a plan, in accordance with regulations of the Board and rules and procedures of the State health boards. Title II: Benefits and Providers - Includes as basic covered services: (1) inpatient and outpatient hospital services (and inpatient mental health services up to (A) 150 consecutive days for Medicare-eligible individuals, or (B) 45 consecutive days for other eligible individuals, during certain periods of treatment as determined under Medicare); (2) physicians' services, including hospital-based physicians (and services for the treatment of mental illness and outpatient mental health services to the extent that expenses for such services do not exceed the fee-equivalent of 20 psychiatric visits per year, as determined under Medicare); (3) post-hospital extended care services up to 100 days during any spell of illness; (4) the following preventive health services: (A) basic immunizations; (B) pre-and post-natal maternal care; (C) well-child care (including periodic physical examinations, hearing and vision screening, and developmental screening and examinations) for persons up to the age of 18 years; and (D) such other services as the Board may add on a year-by-year basis after consultation with appropriate experts and a determination by the Board that such services will be cost-effective (but limits the expenditure for such additional preventive services to $500,000,000 for the first effective year (defined as the third year after the year of enactment) and for subsequent years an increase tied to the average annual rate of increase in the gross national product. Includes as additional basic services: (1) outpatient physical therapy services, outpatient speech pathology services; (2) health clinic services, including rural health clinic services; (3) home dialysis supplies; (4) tests and other diagnostic tests; (5) X-ray therapy; (6) durable medical equipment used in the patient's home; (7) ambulance service, to the extent provided by regulations; (8) prosthetic devices (other than dental), including lenses after cataract surgery and replacements; (9) leg, arm, back, and neck braces, and artificial legs, arms, and eyes, including replacements; (10) insulin and outpatient prescription drugs for treatment of chronic conditions (but for Medicare-eligible individuals only to the extent provided under such program); (11) one audiological examination per individual per year and the provision of one hearing aid per individual for any three-year period; and (12) mental health day care services to the extent of two days for each day of inpatient mental health services permitted by this program. Excludes as basic services: (1) items and services for which payment may not be made under Medicare; and (2) for other than Medicare-eligible individuals payment for (A) orthopedic shoes or other supportive devices for the feet, (B) certain physician services described under Medicare, and (C) certain inpatient hospital services described under Medicare. Authorizes the Board, after consultation with the Commission on Health-Care Benefits and the Commission on Quality of Health Care (established by this Act), to exclude payment for an item or service under a plan under this program and Medicare on the basis of cost-effectiveness, notwithstanding any other provision. Makes specified provisions of title XI (General Provisions and Professional Standards Review) and title XVIII (Medicare) of the Social Security Act applicable to basic services provided under qualified plans to the same extent as they apply under Medicare. Authorizes the Board, after consultation with the Commissions on Health-Care Benefits and Quality of Health Care, to establish a list of high-risk, high-cost, elective, or overutilized items or services for which payment may be made only if one or more of the following conditions are met: (1) the provider is board-certified in the relevant specialty; (2) the diagnosis and recommended service are supported by a second opinion or specific objective findings; (3) the provider-institution is adequately equipped and staffed; (4) the specialist or institution is providing care upon referral by a primary-care physician; or (5) the provider has demonstrated through statistical services that it provides high-quality services and properly uses appropriate methods and technologies. Title III: Financing and Planning - Part A, Budget and Planning Process - Specifies the annual timetable for the budget process for the national health insurance system as follows: (1) by January 15th proposed annual State budgets are to be prepared by the State Health Boards, in accordance with regulations and after consultation with specified interests, and submitted to the Board; (2) the Board shall transmit for inclusion without change in the Budget presented by the President an estimate of the anticipated Federal expenditures related to the appropriate Annual Budgets; (3) by March 1st a comprehensive Annual Budget is to be prepared and adopted by the Board and transmitted to the President, Congress, the States, and the public; (4) the Congressional Budget Office shall submit to the appropriate congressional committees as soon as practicable after receipt of the Annual Budget an analysis of its impact on the Federal Budget; (5) by July 1st the annual State budgets are to be adopted by the State Health Boards, taking into consideration the State Health Care Improvement Plan mandated by this Act, and transmitted to the Board; and (6) on the following January 1st the budget year begins. Specifies the contents of the Annual Budget and annual State Budgets, including enumerated items in the following categories: (1) anticipated expenditures; (2) anticipated revenues; (3) separate schedules, including Medicare and other public programs; (4) premium rates, including the national community-rated and group-rated premium amounts and national premium rate; and (5) five-year projections. Places the following limitations on expenditures under this program: (1) total anticipated expenditures for a year may not exceed the amount of the estimated expenditures by more than the average annual rate of increase in the gross national product for the three-year period ending with the year before the year in which the Annual Budget is adopted; (2) the amounts budgeted for covered health-care services for the U.S. and for any State are the maximum amounts that may be expended for such services (except for costs associated with uniformed service members); (3) a State Health Board may not provide for total expenditures for items covered in the budget in excess of those contained in the Annual Budget with respect to the State; (4) the total anticipated expenditures for the U.S. and for any State for the provision of basic services within a category of services or of providers are the maximum amounts that may be expended for such purposes (within percentage variations that the Board may permit); and (5) the percentage increase in the anticipated expenditures per capita for covered health-care services over the actual expenditures for such services for the previous year are limited according to specified formulas. Directs the Board, in consultation with the President's Commission on the Health of Americans, to prepare and annually revise, before the adoption of each Annual Budget, a National Health Care Improvement Plan which describes: (1) needs over a five-year period relating to the accessibility, quality, and cost of health care; (2) the effect of the provisions of this program on meeting such needs; and (3) recommendations. Directs the Governor of each State to prepare and annually revise a State Health Care Improvement Plan in accordance with Board standards and guidelines which describes: (1) needs over a five-year period relating to the accessibility, quality, and cost of health care; and (2) specific actions for meeting such needs. Requires such State Plan to include to the extent appropriate the objectives of: (1) the State health plan in effect under title XV of the Public Health Service Act (National Health Planning and Development); (2) the State medical assistance plan in effect under Medicaid; and (3) any plan submitted by the State to receive assistance under the Public Health Service Act and the Community Mental Health Centers Act. Title III - Part B, Payments to Providers - Provides for payment to providers as follows: (1) insurers and HMOs shall make payments to providers furnishing services to (A) their respective enrollees and (B) individuals not enrolled at the time of services but who are subsequently enrolled; (2) the Board shall make payments to providers furnishing services to a Medicare-eligible individual who is not enrolled in a plan offered by a HMO: and (3) the Secretary of Defense shall pay for services furnished to a member of the uniformed services on active duty. Requires each insurer or HMO to provide for payments of such allocated portion of the approved prospective budget (required under this Act) of the provider as reflects, in accordance with Board regulations, the proportion of the costs in the budget used to provide such services to such enrollees. Prohibits payment for expenditures by an institutional provider for covered services it furnishes to the extent such expenditures are not included in such approved prospective budget. Requires Board regulations to provide for methods of cost apportionment among insurers and HMOs in accordance with specified criteria. Allows such methods to include apportionment based on: (1) the number of treatments of particular conditions or diagnoses; (2) the relative value of the health-care services furnished (with respect to indices of relative values to be established by the Board); or (3) the number of admissions, patient days, diagnoses, or other easily determinable factor that may fairly allocate costs. Allows a State health board, when regulations provide for more than one apportionment method, to select and require the use of one such method. Requires each institutional provider in a State with an approved prospective budget to transmit annually to the State Health Board an experience report which shows the differences between the actual expenditures and services provided by the provider and those allowed for in its approved prospective budget. Directs the State Health Board to provide for: (1) the retention by the provider of one-half of savings produced by actions which lowered expenditures below those predicted; and (2) adjustments, to the extent appropriate, in the amounts of payments made by insurers and HMOs or in the prospective budget for the following year to correct unintended differences in the amount or source of payments to a provider. Provides for payment to a provider, other than an institutional provider (defined as including hospitals, skilled nursing facilities, home health agencies, community health centers and clinics, and, to the extent provided by the National Health Board, HMOs), for covered services (other than drugs, hearing aids, durable medical equipment, or laboratory services) in accordance with the lowest of: (1) the fee charged by the provider; (2) the fee agreed upon between the provider and the insurer or HMO; or (3) the applicable maximum fee schedule for the service (established by this Act). Allows the National Health Board, upon the recommendation of a State Health Board, to increase the payment to a physician provider on an individual basis to recognize performance of unusual merit by such physician. Allows such a provider to elect to be paid on a salary or fee-for-time basis if the total amount payable in a year is not greater than the total amount payable for the equivalent amount of services as computed by the applicable maximum fee schedule. Provides for payment to a provider for: (1) durable medical equipment and laboratory services in accordance with the lowest of: (A) the charge for such service; (B) the charge agreed upon between the provider and the insurer or HMO; or (C) the maximum reasonable cost for such service; and (2) drugs and hearing aids in accordance with the lowest of: (A) the provider's fee charged for dispensing the drug or hearing aid; (B) the charge agreed upon between the provider and the insurer or HMO; or (C) the highest fee permitted under the applicable fee schedule. Provides for payment to a provider for other covered services in accordance with the lowest of: (1) the charge for the service; (2) the charge agreed upon between the provider and the insurer or HMO; or (3) the maximum reasonable cost of the service, as established by the State Health Boards in accordance with national guidelines and standards. Allows the National Health Board to permit experimental or demonstration methods of reimbursement which will further the purposes of this Act. Provides for periodic review of reimbursement methods. Sets forth procedures with respect to the budget limitations, including the following: (1) monitoring by the State Health Boards, the consortia (all the clearinghouses certified under this Act with respect to the financing of covered services), insurers, and HMOs of payment made to providers; (2) reporting by insurers and each consortium of excessive payments; (3) investigation and corrective actions by the State Health Boards; (4) shifting of funds among categories of services or providers and use of contingency funds for excess expenditures due to unforeseen circumstances; (5) modification of reimbursement methods; (6) additional certifications by State Health Boards of the need for particular services; and (7) requiring insurers and HMOs to make payments for services during certain periods. Allows philanthropic contributions and supplemental payments by State and local governments to finance services additional to those reimbursed under this Act. Stipulates that capital expenditures assisted by such assistance shall not be recognized by a State Health Board in its review of prospective budgets and maximum fee schedules. Requires each institutional provider to submit to the State Health Board its proposed prospective budget for the subsequent year which covers all medical services (not merely covered services) and includes the following: (1) anticipated costs, broken down by schedules for specified costs; (2) the proportion of such costs associated with covered services; and (3) anticipated revenues, broken down by source with respect to each class of items of anticipated costs. Authorizes the National Health Board to require accompanying documentation relating to specified factors for purposes of review. Specifies the manner in which certain costs shall be treated in such prospective budgets, including the following provisions: (1) the costs of all physicians' services under contract with the provider shall be included and the amount budgeted for such services shall be reasonable in relation to the cost of obtaining such services on a salaried or other basis, whichever is less; (2) the total cost of wages and fringe-benefits for nonsupervisory employees shall be included and shall reflect any existing collective-bargaining agreement; (3) the costs of furnishing basic services to ineligible individuals shall be included if no other reimbursement is obtainable by the provider; (4) depreciation costs shall not be included, except for certain capital costs, debt repayments, and costs associated with the closing of a facility; and (5) a reasonable rate of return on equity capital with respect to certain proprietary institutions shall be included. Directs the National Health Board, after appropriate consultation, to establish guidelines respecting review and approval by State Health Boards of proposed prospective budgets of institutional providers. Requires such guidelines to include: (1) standards to determine which budgets and budgetary elements may be approved without individual scrutiny; and (2) the detailed review of a random sample. Specifies standards which may be included with respect to providers of inpatient services. Requires the guidelines to provide for the collection and reporting of data in such uniform manner as the Board may set. Establishes procedures for the review and approval of prospective budgets by the State Health Boards, including the following provisions: (1) each review shall be made public and shall (A) assess whether changes in services or capital expenditures conform to the current plan of the health systems agency in the area (mandated under title XV of the Public Health Service Act) and the most recent State Health Care Improvement Plan; (B) review the quality, accessibility, and effectiveness of provider services, taking into consideration any relevant findings of professional standards review organizations (PSROs) and of any national provider accreditation organization for that category of provider; (2) a provider shall be given the opportunity to comment on any pending disapproval; (3) the State Health Board shall consider any timely recommendations submitted by consumer groups, the provider, and employee organizations, including negotiated recommendations; (4) a State Health Board may delegate its review functions to an independent entity; and (5) such budgets may not provide for any capital acquisition or expenditure unless the provider has participated in a planning process in accordance with regulations. Requires a State Health Board to approve a budget without modification, taking into account the following factors: (1) total limits on anticipated expenditures; (2) the health systems agency plan; (3) demographic factors; (4) the impact of inflation on budget costs; (5) the effects of any approved capital expenditure or reduction, service modification plans, or future wage increases; and (6) certain other efficiency and cost-effectiveness objectives. Requires resubmission of a budget to the State Health Board if a modification is required for excess expenditures. Disallows payments to an institutional provider for covered services not included in its approved prospective budget. Requires each State Health Board to develop maximum fee schedules for covered services (other than durable medical equipment and laboratory services) after opportunity for negotiations with participating providers. Directs the National Health Board to develop guidelines for such schedules which: (1) establish the relative value of particular services, taking into account specified factors; (2) provide for geographical variations in fees, taking into consideration certain criteria; (3) set the maximum fee for a service which can be provided by two or more categories of health personnel at the lowest of the maximum fees authorized for such categories; and (4) include a formula for allowing annual changes in such schedules. Requires payment for the provision of: (1) durable medical equipment and laboratory services to be the lower of (A) the charge, or (B) the reasonable cost of the equipment or service; and (2) drugs and hearing aids to be the lower of (A) the charge, or (B) the reasonable cost of the drug or aid, plus a reasonable professional fee. Directs the National Health Board to establish guidelines for the reasonable cost of durable medical equipment, laboratory services, drugs, and hearing aids which shall be the lowest cost at which any such item of comparable quality is (or could be made) generally available in an accessible area. Provides for the computation of the professional fee with respect to drugs and hearing aids. Outlines procedures for the use of negotiations to determine the amounts of payments to providers. Directs the National Health Board to establish criteria for the selection of the negotiating groups for each of the following groups of providers: (1) hospitals; (2) skilled nursing facilities; (3) home health care agencies; (4) other institutional providers, including community health centers, migrant health centers, and health clinics; (5) physicians; (6) other non-institutional providers, such as pharmacists, physical and occupational therapists; and (7) hospital employees. Sets forth requirements for representation within such groups. Requires that the selection guidelines by the National Health Board shall provide for: (1) differences in the sizes of the various negotiating groups; (2) proportional representation for each type of health-care provider; (3) three-year terms for each representative; and (4) nomination and election methods. Provides that such negotiations shall concern: (1) limitations with respect to payments made to institutional providers on the basis of approved prospective budgets; (2) maximum-fee schedules; (3) reasonable cost levels with respect to durable medical equipment, laboratory services, drugs, and hearing aids; and (4) other cost control methods. Allows a State Health Board to incorporate within its annual State budget the provision of any agreement reached as the result of such negotiations which would keep expenditures within the budgetary limits. Title III- Part C, Determining Amounts of Premiums and Incentive Payments and Benefits - Directs the National Health Board to establish, in conjunction with the adoption of the Annual Budget and after negotiations with consortia, participating insurers, and HMOs: (1) a national community-rated premium; and (2) a national premium rate. Requires the national community-rated premium to be set so that, if such amount were paid by the members of each family enrolled through an employer plan, the total premiums paid would equal the anticipated expenditures under the Annual Budget, including payments to providers for basic services and administrative costs, but excluding administrative costs for the National and State Health Boards, PSROs, contingency funding, and the costs of covered services to persons who are Medicare-, SSI-, AFDC-eligible residents of Federal or State institutions, or members of the uniformed services on active duty. Requires that the national premium rate be set so that the sum of all wage-related and non-wage related premiums, the government payment for unpaid private premiums, and the voluntary premiums under international agreements equals the anticipated expenditures for covered services to Medicare- eligible, SSI-eligible, and AFC-eligible individuals, and residents of Federal and State institutions. Directs the Board to establish a group-related premium for SSI-eligible individuals and for residents of Federal and State institutions who are enrolled in a qualified plan. Requires that: (1) such premium be set so that the total amounts paid on behalf of such individuals equals the expenditures for furnishing care to such persons; and (2) such premium be adjusted annually to reflect the actual cost experience with respect to such expenditures. Provides that the national community-rated premium and the national premium rate are to apply as the State community-rated premium and the premium rate for each State, unless a State is able to provide for reduced premiums by negotiating a lower level of approved expenditures than would otherwise be provided for in the national budget. Requires each State to establish a group-rated premium for AFDC-eligible individuals and residents of State institutions. Requires that such premium: (1) be set so that the total amounts paid on behalf of such individuals equals the expenditures for furnishing care to such persons; and (2) be adjusted annually to reflect the actual cost experience with respect to such expenditures. Permits a participating insurer or HMO to offer eligible individuals (other than Medicare eligibles) an incentive to enroll in a qualified plan by providing additional services or by paying dividends or cash rebates on premiums. Permits an HMO to offer such incentives to Medicare-eligible persons. Sets forth requirements with respect to such dividend and cash rebates, including that: (1) in the case of employed enrollees, they be divided between the employees and employer in accordance with Board procedures; and (2) they not be treated as taxable income to individuals or income under federally-assisted welfare programs, nor reduce any credit relating to a limit on the amount of private premium payments. Sets a limit on the amount of premiums paid with respect to members of a family unit as employees and by members of the family unit. Provides for a refund to families of amounts in excess of such limit. Title III-Part D, Payment and Collection of Premiums - Requires each employer to pay to the applicable consortium on behalf of each employee for each payroll period an amount equal to the product of the wages paid during such period and the applicable State premium rate. Permits an employer (subject to any collective-bargaining agreement) to require employees to pay up to 35 percent of such amount. Requires an employer to pay any voluntary contributions such employee may wish to have made on his behalf. Permits an employer to obtain certification from the Board as an impacted employer and so qualify for: (1) a payment from the Board if such employer is a State employer or nonprofit employer; or (2) a tax credit with respect to other employers. Specifies the formula for determining such payment or credit. Defines terms for the purposes of this section. Requires all persons (with specified exceptions) to pay to the applicable consortium an amount equal to the product of one-half the State premium rate and the amount of non-wage-related income of such persons' family units. Requires such persons to file quarterly information returns in accordance with Board regulations. Authorizes the Board to impose a collection surcharge for untimely payments. Prescribes the payment procedure for premiums under executive agreements. Requires: (1) the Board to make monthly premium payments to consortia on behalf of SSI-eligible individuals and residents of Federal institutions; and (2) each State to make monthly premium payments to consortia on behalf of AFDC-eligible individuals and residents of State institutions. Sets forth rules regarding Government compensation to consortia for certain uncollected premiums and an assessment against State or local governments which fail to make a required employer payment. Title III-Part E Distribution of Premiums - Requires the consortia to: (1) compute for each capitation individual an amount equal to the average anticipated expenditure in the State budget for the individual, including certain administrative costs and funds for the contingency fund, but excluding the administrative costs of the State health board; and (2) report such amounts to the Board for review. Requires each consortium to adjust capitation amounts to reflect for a specific capitation individual: (1) the relative actual costs of providing covered services in the area of such person's residency; and (2) the actuarial risk associated with the individual's characteristics. Requires that such risk adjustment be made to eliminate financial incentives for insurers or HMOs to practice risk selection or experience rating. Requires that the total of capitation amounts and adjusted capitation amounts for enrollees in a State be equal to the total expenditures in the State budget for the provision and administration of covered services, excluding State health board administrative expenses. Requires each consortium to apportion to its members an adjusted capitation amount for each capitation individual and a group-rated premium for each group-rated individual. Requires these amounts to be paid to members in installments consistent with Board guidelines. Directs the Board to provide supplementary payments from the Health Resources Distribution Fund to participating HMOs in operation for less than five years. Requires consortia to provide, in accordance with Board guidelines, for redistribution of collected premiums to assure that each consortium is provided an adjusted capitation amount for each capitation individual, and a group-rated premium for each group-rated individual. Directs each consortium to maintain a contingency fund for expenditures for unforeseen circumstances beyond the control of insurers or HMOs. Authorizes the Board, in any year when premiums collected are less than amounts provided in the annual budget, to guarantee the principle and interest of loans issued by the consortia to assure adequate revenues. Sets forth requirements with respect to such loans. Directs the Board, in any year when premiums collected are greater than provided for in the annual budget, to provide for the consortia to distribute such excess funds, including appropriate adjustments in subsequent national and State budgets. Title IV: Administration-Part A, National Health Board and State Health Boards Establishes an independent, five-member National Health Board, to be appointed by the President, to (among other specific functions): (1) establish commissions, bureaus, divisions, offices, and other entities required by this Act or deemed appropriate; (2) perform the functions of a participating insurer, HMO, or consortium with respect to any area or group of insurers for which there is no certified insurer or consortium; (3) perform the functions of a State health board with respect to any State in which such a board has not been established; (4) establish administrative procedures with respect to consumer and provider appeals from State health board decisions; (5) be responsible for the general implementation of this Act; and (6) study and evaluate on a continuing basis the operation of this Act. Transfers to the Board all functions of the Secretary of HEW relating to specified provisions of: (1) the Social Security Act (including Maternal and Child Health Services, Professional Standards Review Organizations, Medicaid, and Medicare); (2) the Public Health Service Act (but excluding, among other provisions, certain provisions of title III (Administration), title IV (National Research Institutes), title V (Miscellaneous), title X (Population Research), and title XIV (Safety of Public Water Systems); (3) the Community Mental Health Centers Act; (4) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970; (5) the Drug Abuse Office and Treatment Act of 1972; and (6) the provision of health care services to Indians (PL 94-437). Requires the Board to have: (1) an Ombudsman, to investigate complaints about program operation; (2) an advocate, to assist consumers in determining and protecting their rights to services; and (3) an inspector general, to direct the auditing and investigative activities of the Board. Directs the Board to establish the following Commissions: (1) Commission on Benefits, to review and make recommendations with respect to the provision of basic covered services under qualified plans and determine their cost and effectiveness in improving public health; (2) Commission on Quality, to review and make recommendations with respect to the quality of health services provided under this Act; (3) Commission on Access, to review and make recommendations with respect to the utilization of covered services by the different categories of eligible individuals; and (4) Commission on Health Care Organization, to review and make recommendations with respect to the cost and effectiveness of methods for the delivery of services. Requires at least one-half of the members of each Commission to be consumers or representatives of consumers and to include appropriate representation of health care providers and other participants. Establishes: (1) a nine-member Commission on the Health of Americans, to be appointed by the President, to conduct an ongoing review of the health status of the U.S. population and to review a broad range of proposals for improving such health status, including research, environmental programs, highway safety, public health programs, and personal health services programs; and (2) under the direction of the National Health Board, a National Institutes of Health Care Research which shall be composed of (A) an Institute of Health Statistics, (B) an Institute of Health Services Research, and (C) an Institute of Health Technology Evaluation. Transfers to such Institutes certain functions of the Secretary under the Public Health Service Act. Requires each State to charter as a public corporation a State health insurance corporation in accordance with Board guidelines. Directs each State health board (that is, the board of directors of the State corporation) to establish an ombudsman, an advocate, and such advisory commissions as are appropriate to carry out its functions. Delineates the duties of such boards. Title IV - Part B, Participating Insurers, Health Maintenance Organizations, and Consortia - Directs the Board to certify an insurer or HMO when certain conditions are met, including a participation agreement between the Board and the insurer or HMO containing specified provisions. Requires the insurer or HMO to: (1) become a member of the appropriate consortium; (2) offer enrollment in at least one qualified health plan which provides basic services without a charge other than the premium; (3) accept during open enrollment all eligible persons in the order they apply without restriction, up to its capacity (but permits the Board to provide for enrollment limits to reflect needs for cost-effective services and for special characteristics of self-insurers); (4) issue an enrollment card for each enrolled person; (5) pay participating providers in amounts no greater than permitted under this Act; (6) report to the State health board and its consortium on payments made and expenses incurred; (7) maintain and afford access to records by the consortium, State health boards, and the Board and provide confidential treatment of individually-identifiable records; (8) offer any rebates or other benefits to all enrollees on the same basis; (9) establish hearing procedures for an enrollee or provider who is dissatisfied with respect to certain services or payments; and (10) comply with other reasonable regulations respecting marketing and customer service practices which the Board establishes. Directs the Board to agree that, in return for agreed-upon services and understandings, the insurer or HMO is to be paid by its consortium for each enrollee in a qualified plan. Requires the Board to certify in each State one consortium for each of the following types of insurers or HMOS: (1) a Blue Cross-Blue Shield consortium, representing nonprofit State-chartered medical/hospital service corporations; (2) a commercial insurance carrier consortium, representing profit-making commercial insurers not directly furnishing health care services; (3) a prepaid group practice HMO consortium; (4) an individual practice association HMO consortium; and (5) a self-insurer consortium. Permits an insurer or HMO to serve as a member of a different consortium with the approval of the Board and the consortium. Sets forth requirements with respect to these consortia including: (1) a participation agreement between the Board and the consortium containing specified provisions; (2) that the consortium provide for premium collection and reallocation and pay members for each enrollee; (3)that a contingency fund be maintained; (4) that certain information be reported regularly to the Board; (5) that the consortium negotiate with provider groups in establishing prospective budgets and maximum fee schedules in areas where its members offer plans; (6) that certain review procedures be established for dissatisfied enrollees and providers; and (7) that other regulations be followed. Establishes as a defense in any civil or criminal antitrust action brought with respect to actions by a participating insurer or HMO or consortium that such actions were taken in the course of performing duties required under agreements entered into under this Act. Directs the Board, after consultation with the Attorney General and the Federal Trade Commission, to prescribe standards and procedures for the conduct of insurers, HMOs, and consortia which is consistent with the promotion of competition. Directs the Board to investigate complaints by a participating insurer or HMO that another participating organization has engaged in anticompetitive activity. Title V: Health Care Improvement Program - Directs the National Health Board to establish a program to improve the distribution of health care resources in the United States in order to promote the improvement in the quality, accessibility, and efficiency of services provided under this Act. Establishes in the Treasury the Health Resources Distribution Fund. Directs the Board to make grants to the State health boards from the Fund for projects to achieve the purposes of the program, including: (1) the conversion or closure of health care facilities; (2) the provision of health care services in health manpower shortage areas; (3) renovations of institutional health care facilities; (4) HMO and other delivery systems; (5) educational programs for health professionals to meet projected needs; and (6) continuing professional education programs. Requires that the Board allocate an amount to each State health board based on the State's needs as reflected in the National Health Care Improvement Plan. Requires that each State health board provide for a program for the education of consumers concerning health and their rights and privileges under this Act. Directs the Board to: (1) study the impact of this Act on, and means of improving, the Medicaid programs, and report appropriate recommendations to Congress within five years of enactment; (2) provide for the development and demonstration of methods to improve (A) the coordination of services by different providers, (B) the provision of services, and (C) peer review and control of utilization and quality in the provision of drugs, laboratory services, and other services under this Act and Medicare; (3) provide for demonstration projects to evaluate the feasibility of providing hospice services as part of basic covered health- care services; (4) provide for an analysis of provider malpractice and the provision of malpractice insurance, and report recommendations to Congress within two years of enactment. Directs the Board to provide for the conduct of a demonstration project in the organization, delivery, and financing of personal care services to groups likely to require such services. Requires that the Board make grants for establishing and maintaining programs to provide personal care services for a substantial population of persons residing in their homes who would otherwise be required to reside in an institution providing personal care services. Sets forth requirements with respect to such program. Directs the Board to transmit to Congress a comprehensive report with appropriate recommendations within five years of enactment. Title VI- Effective Dates, Transition Provisions, Amendments - Part A, Effective Dates and Transition Provisions - Sets forth effective dates for provisions of this Act. Provides for a special national premium rate for the period between October 1 and December 31 of the year before the first effective year. Directs the Board to establish for localities within each State maximum fee schedules applicable to services reimbursed under Medicare Part B for the period between July 1 and January 1 of the first effective year. Requires the Board to establish regulations, guidelines, standards, and procedures providing for the orderly administration of the Act, and to report to Congress within 18 months of enactment its progress in establishing implementation procedures. Directs the General Accounting Office to report to Congress within 18 months of enactment on the Board's progress. Provides that this Act does not alter or affect any contractual or other nonstatutory obligation of an employer to pay for or provide health services to present or former employees if the effect shifts the obligation in any part to such persons. Sets forth provisions relating to transfer of functions. Title VI: - Part B, Medicare-Related Amendments - Amends title XVIII of the Social Security Act (Medicare) to conform such Act with the Health Care for All Americans Act. Eliminates the prohibition against Federal supervision or control over the practice of medicine and the compensation of employees and officers of health care providers. Includes the following changes among those relating to eligibility: (1) broadens Medicare entitlement to include citizens of the U.S., persons legally admitted for permanent residence, and certain other persons aged 65 and over; (2) deletes the 24-month waiting period for eligibility for the disabled; and (3) entitles individuals to enroll in a participating HMO. Changes Medicare Part B from a voluntary insurance program to an entitlement program financed by premium payments and Federal funds. Includes the following among the changes relating to the scope of benefits: (1) deletes the limitation on inpatient hospital days; (2) adds mental health day care services; (3) replaces the existing limitation on inpatient psychiatric hospital services with a 150 consecutive day limit for Medicare purposes and a 45-consecutive-day limit for purposes of the Health Care for All Americans Act. Limits payment for outpatient psychiatric services and services related to the diagnosis or treatment of mental illness to an annual amount equal to 20 times the fee set forth in the maximum fee schedule for a psychiatrist's visit. Limits to $100 payment for certain outpatient therapy services in the therapist's office or beneficiary's home. Conforms coverage for end-stage renal disease with the provisions of the Health Care for All Americans Act. Includes the following among the changes relating to exclusions from coverage: (1) extends the applicability of exclusions to the Health Care for All Americans Act; (2) stipulates that preventive services are not excluded; (3) excludes hearing aids and related examinations only if they exceed one every three years, and one per individual; (4) eliminates the exclusion relating to orthopedic shoes; (5) permits the waiver, under certain conditions of the foot care exclusions for persons with diabetes mellitus; and (6) adds a new exclusion for insulin or outpatient prescription drugs for chronic conditions exceeding maximum amounts established by the Board. Makes technical and conforming amendments to Medicare Parts A and B relating to: (1) requirements for certification and requests for payment; (2) agreements with participating providers; (3) the use of State agencies to determine compliance with conditions of participation; (4) PSROs; and (5) payments to HMOs. Requires providers prescribing outpatient prescription drugs to use only generic or other names and specify such amounts as the Board may provide to insure quality and efficiency. Makes certain revisions with respect to payments to institutional and other providers and the administration of benefits. Repeals the deductible and coinsurance provision of the Medicare Part A program and the existing definition of "reasonable cost". Expands the definition of employment subject to the Medicare hospital insurance tax to include employment with Federal, State, and local governments, service performed for charitable organizations, service performed by certain employee representatives, certain students, and other organizations. Repeals provisions relating to the establishment of the Health Insurance Benefits Advisory Council. Applies certain procedural provisions of title II of the Social Security Act (Old-Age, Survivors and Disability Insurance) to Medicare and to the Health Care for All Americans Act. Amends title XIX of the Social Security Act (Medicaid) to establish a new arrangement for the determination of the Federal Medicaid payment, by which payment is to be equal to "excess State payments" according to a specified formula. Increases the Federal share of certain State Medicaid expenditures, including: (1) the training and compensation of skilled professional personnel (from 75 to 90 percent); (2) operation of management information systems (from 75 to 90 percent); and (3) general administration (from 50 to 90 percent). Establishes certain additional State Medicaid plan requirements including that States: (1) continue to provide services (other than those covered under the Health Care for All Americans Act) in the amount, duration, and scope as were covered by the States in the quarter before the first effective year of the program; (2) pay premiums on behalf of AFDC-eligible recipients; and (3) reimburse providers in a manner consistent with methods established by the Board. Requires any State not having a Medicaid program to enter into an agreement with the Board by which the State agrees to pay premiums on behalf of AFDC-eligible recipients and receives financial assistance from the Board. Amends title XI of the Social Security Act (General Provisions and PSROs) to: (1) extend the provisions for uniform reporting and disclosure of ownership and related information to the Health Care for All Americans Act; and (2) repeal the provisions relating to limitations on capital expenditures and programs for determining the qualifications of certain health care personnel. Amends the Internal Revenue Code to eliminate the present deduction for health insurance payments. Permits a deduction for amounts of medical expense not compensated for by insurance, in excess of three percent of adjusted gross income. Adds a new excess health insurance credit for impacted employers. Establishes special rules for computing such credit with respect to controlled groups of corporations and employees of partnerships and proprietorships which are under common control. Amends title XIII of the Public Health Service Act (Health Maintenance Organizations) to make conforming and certain other revisions with respect to the organization and operation of HMOs.
United States · United States Congress · 2 August 1979
Sales Representatives Protection Act - Title I: Contracts Between Sales Representatives and Principals - Requires a principal to furnish specified information to a sales representative concerning orders placed through the representative's account and a monthly accounting of commissions due such representative. Enumerates items which must be set forth in any contract between a sales representative and a principal. Title II: Indemnification - Exempts principals conforming with such information requirements from the indemnification provisions set forth in this Act. Requires a principal who, without good cause, terminates a contract between such principal and a sales representative, or reduces the rate of commission for orders solicited on behalf of such principal, to indemnify the representative according to this Act. Requires a principal who reduces the size of the geographic territory assigned to a representative for a specified account, which results in a specified reduction in commissions, to indemnify such representative. Sets forth formulae for the indemnification of such representatives. Title III: Miscellaneous - Allows a plaintiff to bring an action to enforce any rights or liabilities created by this Act in a United States district court. Stipulates the procedure for such action.
United States · United States Congress · 2 August 1979
Expresses the sense of Congress that the Soviet Union should, with regard to the 1980 summer Olympics: (1) permit full participation by athletes, spectators, and journalists; (2) issue visas, admission tickets, and hotel reservations on a nondiscriminatory basis; (3) not interfere with news coverage; and (4) not prevent or punish its citizens for communicating with participants.