United States · United States Congress · 2 October 1980
Alaska Lands Amendments Act - Title I: Findings and Purposes - Declares it the purpose of this Act to amend the provisions of the Alaska National Interest Lands Conservation Act so as: (1) to preserve the geological, scientific, wilderness, cultural, recreational, and wildlife values of remaining Federal lands in Alaska; and (2) to provide authorities and guidelines for the administration of the provisions of the Alaska National Interest Lands Conservation Act. Title II - Amends the Alaska National Interest Lands Conservation Act to increase the acreage of: (1) West Chichagof-Yakobi Wilderness; (2) Misty Fjords National Monument Wilderness; (3) Russel Fjord Wilderness; (4) Renali Wilderness; (5) Gates of the Artic Wilderness; (6) Glacier Bay Wilderness; (7) Katmai Wilderness; (8) Artic Wildlife Refuge Wilderness; (9) Koyukak Wilderness; (10) Yukon Wilderness; (11) Yukon Flats National Wildlife Refuge; and (12) Artic National Wildlife Refuge. Decreases the acreage of: (1) Wrangell-Saint Elicis Wilderness; (2) Wrangell-Saint Elias National Park; and (3) Lake Clark National Preserve. Increases the acreage of Wrangell-Saint Elias National Preserve and Lake Clark National Preserve. Establishes: (1) Yukon Charley Wilderness; (2) Devilnaw Wilderness; (3) Copper River Wilderness; (4) Copper River National Wildlife Refuge; and (5) Tetlin Wilderness. Establishes the Teshekpuk National Wildlife Refuge and the Utukok National Wildlife Refuge with a program for the issuance of exploration permits and lease sales. Increases the acreage of Wild and Scenic River Corridors and designates portions of the Yukon (Ramparts section) as a scenic river area. Designates certain planning areas within the Tongass National Forest. Provides that no timber within designated planning areas be sold except pursuant to the Tongass land management plan. Provides that all National Forest System lands in specified planning areas be withdrawn from location, entry, and patent under the mining laws, subject to valid existing rights. Requires the Secretary of Agriculutre to report to Congress findings as to whether specified planning areas should be: (A) designated a wilderness; (B) continued in planning status; or (C) made available for multiple uses. Exempts specified planning areas from the second roadless area review and evaluation. Provides that funds necessary to maintain the timber supply from the Tongass National Forest shall be drawn from the total sums collected as receipts from oil, gas, timber and coal which are deposited in the Treasury and credited as miscellaneous receipts. Requires the Secretary of Agriculture to designate alternative lands of equal or greater timber value other than within Admiralty Island and Misty Fjords National Monuments in the satisfaction of the rights of the Natives of Sitka. Requires the Secretary of Agriculture to permit limited development within Misty Fjords National Monument to the extent U.S. Borax and Chemical is presently entitled. Provides that Monument McKinley shall retain its name. Removes Stiese National Conservation Area from coverage of the Act. Places certain restrictions on state selections and conveyances. Sets forth procedures for the conveyance of public lands to certain Village Corporations and Regional Corporations. Permits local residents and others aggrieved by a failure of the State or Federal government to provide for the priority for subsistence uses to file a civil action in the Federal Court for the District of Alaska. Provides that nothing in the Act shall preclude the renewal or continuation of valid leases or permits for cabins, homesites or similar structures. Extends the length of time required for the Secretary to complete certain studies and reports to the Congress. Provides that the executive may not withdraw more than 5,000 acres without the approval of the Congress by joint resolution within one year of notice of such withdrawal. Requires the Secretary to establish an oil and gas leasing program on public lands not included in the Federal North Slope Oil and Gas leasing program or the National Petroleum Reserve-Alaska unless prohibited by applicable law. Permits the Secretary to refuse to renew a permit for an existing cabin if the Secretary determines that such renewal would not be in the public interest. Prohibits any fees from being charged for entrance or admission to any unit of the National Park System located in Alaska. Makes additional technical, conforming and perfecting amendments.
United States · United States Congress · 24 September 1980
Energy Conservation Assistance Amendments of 1980 - Amends the National Energy Conservation Policy Act to repeal references to State school facilities agencies and the State hospital facilities agencies. Authorizes (currently requires) the Secretary of Energy to terminate and recover the remaining financial assistance for State, school, and hospital energy conservation projects which are not in compliance with the State plan. Authorizes the Secretary to allocate less than the current mandatory percentage of State technical assistance funds to schools or hospitals. Authorizes appropriations for energy conservation project grants to schools and hospitals for fiscal years 1982- 1984. Revises the method by which such appropriations are allocated among the States. Amends the Energy Conservation and Policy Act to replace the technical assistance program with the energy conservation project designed to assist energy conservation in buildings owned by units of local government and public care institutions. Directs the Secretary to prescribe criteria for determining hardship classification project grants to pay up to 90 percent of the costs of a hardship energy conservation project. Authorizes the use of energy conservation project grants to pay up to 90 percent of the costs of a hardship energy conservation project. Authorizes appropriations for grants to States for energy audits and energy conservation projects for fiscal years 1982-1984. Revises the method of allocating such grants among the States.
United States · United States Congress · 28 August 1980
Alien Education Impact Aid Act of 1980 - Title I: General Provisions - Defines the terms used in this Act, including the term "alien children" which is defined to mean undocumented aliens to whom State or local educational agencies must provide educational services under Federal court order. Authorizes lump-sum appropriations for fiscal years 1981-1983 for State educational programs and administrative costs (up to one percent) under this Act. Provides that such entitlements shall be ratably reduced if sufficient funds are not available. Authorizes up to one percent of such funds for Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. Authorizes the Secretary of Education to withhold funds from State educational agencies that fail to meet the requirements of this Act. Sets forth the procedures to be followed in such a situation. Title II: General Assistance for Local Educational Agencies - Directs the Secretary to make payments to State educational agencies for fiscal years 1981-1983 for assistance in providing basic education for alien children. States that such payments shall be $450 for each such child enrolled in public elementary and secondary schools. Sets forth State application requirements. Requires the Secretary to give notice and opportunity for a hearing before final disapproval of an application. Title III: Special Impact Assistance for Substantial Increases in Attendance of Alien Children - Directs the Secretary to make payments to State educational agencies for fiscal years 1981-1983 for supplementary public education costs for alien children in public and private elementary and secondary schools in eligible local educational agencies (based on the number of such children in their jurisdiction). Authorizes: (1) for fiscal year 1981, $750 for each child; (2) for fiscal year 1982, $750 for each new child, and $500 for each child enrolled in 1981; and (3) for fiscal year 1983, $750 for each new child, $500 for a child enrolled in either 1981 or 1982, and $350 for a child enrolled in both 1981 and 1982. Includes within such supplementary services, English language instruction, bilingual education, special materials and supplies, additional basic instructional services, and inservice training. Sets forth State application requirements. Requires a State educational agency to give notice and an opportunity for a hearing before final disapproval of a local educational agency's application for such funds.
United States · United States Congress · 26 August 1980
Amends title XVIII (Medicare) and title XIX (Medicaid) of the Social Security Act to prohibit Medicare and Medicaid payments for any new drug or drug similar to a new drug: (1) which has been provisionally approved by the Secretary of Health and Human Services; (2) which may be dispensed only upon prescription; (3) for which the Secretary has issued a notice of a hearing on a proposed order to withdraw approval of such drug because the drug is not effective for all the uses prescribed in its labeling; and (4) for which the Secretary has found no compelling medical need. Continues such prohibition until the Secretary withdraws such proposed order.
United States · United States Congress · 20 August 1980
Coal Pipeline Act of 1980 - Title I: Rights-of-Way Across Non-Federal Lands - Provides that any person holding a certificate of public convenience and necessity to transport coal by coal pipeline may acquire rights-of-way over, under, upon, or through non-Federal lands owned by common carriers engaged in such transportation by the exercise of the power of eminent domain in the appropriate United States district court or State court. Requires such person to attempt to acquire any right-of-way through negotiation prior to exercising such power. Declares that nothing in this Act shall be construed to permit such person to use or develop water through the exercise of such power. Prohibits any right-of-way through historic sites, wilderness areas, or wildlife refuges unless there is no alternative route and plans are made to minimize harm to such sites. Authorizes the Interstate Commerce Commission to issue a certificate of public convenience and necessity to any applicant seeking to construct, extend, or acquire a coal pipeline, upon a written determination of certain findings. Includes within such findings that: (1) the applicant has the technical and financial capability to construct, operate, and maintain the pipeline; (2) the pipeline is or will be of present or future public convenience and necessity; (3) the pipeline provides the capacity of a common carrier; (4) rates to be charged will be less than those charged by common carriers; and (5) the pipeline will not materially impair the financial ability of any other common carrier to provide transportation. Directs the Commission to include in its determination a discussion addressing issues concerning transportation, energy, and water needs and their effect on existing carriers, rate levels, and the need for the pipeline. Prohibits the issuance of a certificate until the applicant has complied with all requirements of the Commission, including: (1) submitting plans, contracts, or agreements concerning the intended use of the pipeline; (2) identifying all parties when such applicant is a business entity; (3) preparing an environmental impact statement; and (4) agreeing in writing to be deemed a Federal agency for purposes of this Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 with respect to acquisition of rights-of-way. Sets forth the procedure and timetable of the Commission after receipt of an application for a certificate, including notifying the Governor of each affected State, requesting the Secretaries of Transportation, Energy, and the Interior to submit findings, and requesting the Attorney General to conduct an antitrust review. Requires each applicant to reimburse the Commission for administrative and other costs relative to processing its application. Prohibits the issuance of a certificate prior to public notices and hearings in accordance with provisions of this Act. Subjects any certificate holder to the jurisdiction of the Commission over rates and charges as a pipeline carrier, and requires such person to provide service to any other persons seeking service during planning phases and those seeking unutilized capacity of the coal pipeline. Requires that each certificate contain such terms and conditions as the Commission deems necessary to protect the public interest. Prohibits transportation of coal in a certified pipeline if such coal is to be used by the carrier or by a person which controls or is controlled by such carrier. Prohibits the transportation of coal owned, mined, or supplied by the carrier or by a person which controls or is controlled by the carrier. Sets limitations on the amount of coal which may be transported in a certified pipeline if such coal is mined or to be used by an affiliate of the carrier. Specifies certain exemptions from such prohibitions. Permits a prospective applicant to petition the Commission for a determination of such control prior to making application for a certificate. Allows any person or governmental entity to use the power of eminent domain under Federal or State law to acquire any portion of a right-of-way acquired in whole or part under this Act so long as such use is consistent with the operation and maintenance of such pipeline. Authorizes a person to abandon or discontinue using such pipeline under specified conditions. Sets forth procedures for such abandonment. Title II: Rights-of-Way Across Federal Lands - Authorizes the Secretary of the Interior, after consultation with other agencies, departments, or instrumentalities of the United States administering any Federal lands, to grant or renew to a person holding a certificate rights-of-way over, under, upon, or through such Federal lands. Directs the Secretary to enter into interagency agreements with the heads of such agencies, departments, or instrumentalities in order to achieve specified goals, including: (1) avoiding duplication; (2) assigning responsibility; and (3) expediting review of applications for rights-of-way. Directs that such department heads shall administer and enforce the provisions of this Act and related regulations. Prohibits any right-of-way through historic sites, public parks, recreation areas, wilderness areas, or wildlife refuges unless there is no alternative route, and planning is conducted so as to minimize harm to such sites. Authorizes the Secretary to issue such regulations as may be necessary to carry out this Act as regards the requirement that a coal pipeline over, under, upon, or through Federal lands be located underground. Title III: General and Miscellaneous Provisions - Directs that the Federal Government cannot appropriate water within any State for use in a coal pipeline without complying with State law, nor can it claim water for a coal pipeline under the reserved rights doctrine unless such reservation is express. Directs that nothing in this Act is intended to grant any right of water use for a coal pipeline or to excuse any person from obtaining and maintaining a water permit or authorization pursuant to State law. Authorizes any State issuing a State water permit or authorization to a pipeline for which a certificate of public convenience and necessity was issued or a right-of-way was granted under this Act to condition the water rights of such pipeline to effectuate a legitimate State public interest. Authorizes the Attorney General, at the request of the Commission or the Secretary, to institute a civil action in the appropriate District court to enforce provisions of this Act. Sets forth penalties for failure to comply with this Act. Requires that all such pipelines be buried underground to the maximum extent possible. Directs the Secretary of Transportation to issue regulations establishing Federal standards for the safe construction, operation, and maintenance of such pipelines. Exempts from this Act any coal pipeline which was in operation on January 1, 1979.
United States · United States Congress · 18 August 1980
Amends the Securities Investor Protection Act to increase from $100,000 to $500,000 the maximum amount which the Securities Investor Protection Corporation may distribute to a customer in the liquidation of a broker-dealer. Permits up to $100,000 of such amount (presently, $40,000) to be used to satisfy a claim for cash. Amends the Right to Financial Privacy Act of 1978 to apply its provisions to the Securities and Exchange Commission, except as provided in the Securities Exchange Act of 1934. Amends the Securities Exchange Act of 1934 to authorize the Commission to obtain copies of information contained in financial records of a customer from a financial institution without prior notice to the customer upon an ex parte showing to an appropriate district court that the Commission: (1) seeks such records pursuant to a subpoena issued in conformity with the requirements of the Federal securities laws; and (2) has reason to believe that specified acts or results will occur. Requires, upon expiration of any authorized period of delay of notification, that the customer be served with a copy of the subpoena along with a specified notice which describes the nature of the investigation. Directs the Commission to compile an annual tabulation of the occasions on which the Commission obtains access to financial records of a customer as authorized under this Act and include such tabulation in its annual report to Congress. Permits a customer, following the expiration of the period of delay of notification, to reopen the proceeding in the district court. Authorizes such court to grant civil penalties against the Commission or issue injunctive relief if the Commission has obtained records in violation of this Act. Directs the Office of Personnel Management to initiate a proceeding to determine whether disciplinary action should be taken against an employee of the Commission who acted in a willful and intentional manner and without good faith with respect to the violation. Authorizes the Commission to transfer financial records to any government authority in accordance with the Right to Financial Privacy Act, but permits customer notice to be delayed upon an appropriate showing under this Act. Authorizes the Commission to obtain financial records from a financial institution or transfer such records in accordance with the Right to Financial Privacy Act of 1978.
United States · United States Congress · 25 July 1980
Securities Law Investigation Privacy Protection Act - Amends the Right to Financial Privacy Act of 1978 to apply its provisions to the Securities and Exchange Commission, except as provided in the Securities Exchange Act of 1934. Amends the Securities Exchange Act of 1934 to authorize the Commission to obtain copies of information contained in financial records of a customer from a financial institution without prior notice to the customer upon an ex parte showing to an appropriate district court that the Commission: (1) seeks such records pursuant to a subpoena issued in conformity with the requirements of the Federal securities laws; and (2) has reason to believe that specified acts or results will occur. Requires, upon expiration of any authorized period of delay of notification, that the customer be served with a copy of the subpoena along with a specified notice which describes the nature of the investigation. Directs the Commission to compile an annual tabulation of the occasions on which the Commission obtains access to financial records of a customer as authorized under this Act and include such tabulation in its annual report to Congress. Permits a customer, following the expiration of the period of delay of notification, to reopen the proceeding in the district court. Authorizes such court to grant civil penalties against the Commission or issue injunctive relief if the Commission has obtained records in violation of this Act. Directs the Office of Personnel Management to initiate a proceeding to determine whether disciplinary action should be taken against an employee of the Commission who acted in a willful and intentional manner and without good faith with respect to the violation. Authorizes the Commission to transfer financial records to any government authority in accordance with the Right to Financial Privacy Act, but permits customer notice to be delayed upon an appropriate showing under this Act. Authorizes the Commission to obtain financial records from a financial institution or transfer such records in accordance with the Right to Financial Privacy Act of 1978.
United States · United States Congress · 1 July 1980
California Wilderness Act of 1980 - Designates specified lands in the State of California as wilderness and components of the National Wilderness Preservation System.
United States · United States Congress · 17 June 1980
Designates the following national forest system lands in the State of Texas as wilderness and components of the National Wilderness Preservation System: (1) the Turkey Hill Wilderness, Graham Creek Wilderness, and Jordan Creek Wilderness all in the Angelina National Forest; (2) the Big Slough Wilderness and the Alabama Creek Wilderness both in the Davy Crockett National Forest; (3) the Chamber's Ferry Wilderness and the Indian Mounds Wilderness both in the Sabine National Forest; and (4) the Little Lake Creek Wilderness, Four Notch Wilderness and the Big Creek Wilderness all in the Sam Houston National Forest.
United States · United States Congress · 14 May 1980
Authorizes and requests the President to designate the seven-day period beginning October 5, 1980, as "National Port Week." Directs the Secretary of Commerce to report annually to Congress on the conditions of U.S. public ports.
United States · United States Congress · 30 April 1980
Establishes the Martin Luther King, Junior, National Historic Site in Atlanta, Georgia. Authorizes the Secretary of the Interior to establish the Martin Luther King, Junior, Preservation District which shall consist of the properties within the Martin Luther King, Junior, Historic District. Authorizes the Secretary, within the national historic site, to: (1) acquire by donation, purchase with donated or appropriated funds, transfer or exchange, lands and interests therein; (2) convey a freehold or leasehold or leasehold interest in any property, for such sums as he deems appropriate, and subject to such terms and conditions and reservations as will assure the use of the property in a manner consistent with the purposes of this Act; (3) enter into cooperative agreements with the owners of properties of historical or cultural significance; and (4) provide security and law enforcement services as authorized by law. Establishes, in the Department of the Interior, the Martin Luther King, Junior, Advisory Commission to advise the Secretary with respect to the formulation and execution of plans for the national historic site and the preservation district. Terminates such Commission ten years from the date of enactment of this Act.
United States · United States Congress · 16 April 1980
Amends the Federal Trade Commission Act to provide that the following actions by a credit card issuer which is subject to the authority of the Federal Trade Commission shall be considered an unfair or deceptive act or practice in or affecting commerce: (1) violation of any State law relating to the issuance of credit cards; (2) violation of the terms of any credit transaction agreement; and (3) the attempt to impose or enforce additional or modified terms affecting any outstanding balance pursuant to such an agreement without obtaining the express written consent of the credit card holder.
United States · United States Congress · 15 April 1980
American Fisheries Promotion Act - Title I: Research and Development Regarding United States Fisheries - Directs that funds transferred by the Secretary of Agriculture to the Secretary of Commerce from duties collected under custom laws on fishery products shall be maintained in a separate fund and used by the Secretary of Commerce to: (1) provide financial assistance for the purpose of carrying out fisheries development projects approved under this Act; and (2) implement the national fisheries research and development program as set forth by this Act. Directs the Secretary of Commerce to make grants from such fund to assist persons in carrying out research and development fishery projects, including, but not limited to, harvesting, processing, marketing, and associated infrastructures. Subjects each such grant to such terms and conditions as the Secretary may require to protect the interests of the United States. Requires the Secretary to carry out a national program of research and development addressed to United States fisheries, if not adequately covered by projects assisted by grants made pursuant to this Act. Requires the Secretary, not later than 60 days before the close of each fiscal year, to submit to specified Congressional committees a report containing: (1) the fisheries development goals and funding priorities for the next fiscal year; (2) the status of each pending project; and (3) an analysis and evaluation of all projects assisted under this Act. Specifies, with respect to any fiscal year, that not less than 75 percent of the moneys transferred to the fund and such existing fund moneys carried over into that fiscal year shall be used by the Secretary to provide financial assistance for projects and the remainder of such moneys shall be used to implement the national fisheries research and development program. Requires the Secretary to award a grant for or carry out pursuant to the national fisheries research and development program: (1) a project to establish and operate a system (in which participation must be voluntary) to grade the quality of fish landed at a United States port; or (2) a project to improve fuel efficiency in carrying out fishing operations within a United States fishery. Directs the Secretary of Commerce to appoint not fewer than six officers who shall, with the concurrence of the Secretary of State, serve abroad to promote United States fishing interests. Requires the Secretary of State, upon the request of the Secretary of Commerce, to officially assign the officers to the diplomatic mission of the United States in the country in which such officers are placed, and to obtain for them diplomatic privileges and immunities. Title II: Amendments to the Merchant Marine Act, 1936 - Extends provisions of the Merchant Marine Act of 1936 which govern a capital construction fund for vessels built in the United States to govern such a fund for fishing vessels built in, and fishing facilities located in, a Commonwealth, territory, possession, or State of the United States. Authorizes the Secretary: (1) to guarantee the payment of obligations for financing or refinancing the construction, reconstruction, or reconditioning of fishery facilities capable of being used for priority development fisheries; and (2) to apply an economic soundness test with respect to guarantees of obligations for fishing vessels or facilities designed for use in such priority fisheries which is less stringent than the test applicable to other obligation guarantees under such Act. Directs the Secretary to establish within the Federal Ship Financing Fund three subfunds to contain moneys for obligation guarantees for: (1) fishing vessels and facilities meeting the more stringent test; (2) high risk fishing vessels and facilities meeting the less stringent test; and (3) vessels other than fishing vessels. Declares that during the period beginning on the date of the enactment of this Act and ending at the close of September 30, 1982, the Secretary of Commerce may make loans from the fisheries loan fund only for the purpose of assisting obligors to avoid default on obligations that are issued with respect to the construction, reconstruction, reconditioning or purchase of fishing vessels. Title III: Amendments to the Fishery Conservation and Management Act of 1976 - Amends the Fishery Conservation and Management Act of 1976 to provide for a reduction of the total allowable level of foreign fishing, if any, with respect to any United States fishery for each of the harvesting seasons 1981, 1982, 1983, and 1984. Declares that the total allowable level of foreign fishing permitted within any United States fishery during any harvesting season after the 1984 harvesting season is zero, except if the Secretary of Commerce determines that such reduction will result in a substantial surplus of fish stocks within the fishery and that such surplus will not be harvested by vessels of the United States during such harvesting season. Specifies that a recommendation by the Secretary that such reduction be deferred or continued with respect to any harvesting season shall take effect only if: (1) a report containing the recommendation is received by Congress not later than 90 days before the opening day of the respective harvesting season; and (2) neither House of Congress, within the 60 day period beginning on the day on which the report is received by Congress, adopts a disapproval resolution. Requires the owner or operator of any foreign fishing vessel for which a permit is issued pursuant to the Fishery Conservation and Management Act of 1976 to pay an additional fee equal to ten percent of the ex vessel price of the catch harvested under such permit. Requires the Secretary of Commerce to establish a program under which a United States observer will be stationed aboard each foreign fishing vessel while that vessel is within the fishery conservation zone and is: (1) engaging in fishing; (2) accepting United States harvested fish through transfer at sea; (3) cruising to and from a location at which any such fishing or transfer will transpire; or (4) taking highly migratory species. Requires such observers, while aboard foreign fishing vessels, to carry out such scientific and other functions as the Secretary deems necessary to carry out the purposes of this Act. Directs the Secretary to impose, with respect to each foreign fishing vessel, a surcharge in an amount sufficient to cover all costs of providing a United States observer aboard that vessel. Establishes, in the Treasury of the United States, the Foreign Fishing Observer Fund in which the Secretary shall deposit all surcharges collected.
United States · United States Congress · 26 March 1980
Infant Formula Act of 1980 - 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 be adulterated. Permits the Secretary of Health and Human Services (formerly, the Secretary of Health, Education, and Welfare) to revise such requirements and establish quality control procedures. Requires each manufacturer of an infant formula to notify the Secretary whether the formula as processed meets such requirements and of any changes in such formula or its processing. Requires a processor who has information that any infant formula leaving his or her control may be adulterated or misbranded to promptly notify the Secretary. Sets forth reporting and recordkeeping requirements respecting the distribution of such formula as may be necessary to effect and monitor recalls. Directs the Secretary to prescribe the scope and extent of such recalls. Exempts infant formulas represented and labelled for use by infants having unusual medical or dietary problems from the specified nutrient requirements of such Act. Permits the Secretary to establish terms and conditions for the exemption of other infant formulas from such requirements. Grants an inspector enforcing the provisions of this Act access to specified records of the manufacturer at all times. Makes the failure to submit required reports or to provide required notice prohibited acts under the Federal Food, Drug, and Cosmetic Act.
United States · United States Congress · 26 March 1980
Hazardous Waste Act of 1980 - Requires owners or operators of hazardous waste treatment, storage, or disposal sites to provide specified information to the relevant State and local officials and to the Administrator of the Environmental Protection Agency. Authorizes the Administrator, or the State in which the site is located, to secure such information from such owners or operators, former or subsequent owners or operators of the site, or generators or transporters of hazardous waste, if such owners or operators fail to comply with information requirements or offer inadequate information. Prohibits such information received from any person, and information derived therefrom, from being used against such person in any criminal proceeding except a prosecution for perjury or for knowingly making a false statement or representation. Amends the Solid Waste Disposal Act to require each generator of hazardous waste to submit a report to the Administrator and to the State agencies setting forth the quantities and characteristics of hazardous waste generated by such generator in the year preceding the date of enactment of this Act. Allows regulations requiring each generator of hazardous waste to submit annual reports to the Administrator and to the State agencies setting forth the quantities and characteristics of hazardous waste expected to be generated in the year during which the report is filed. Subjects such information to specified confidentiality requirements. Requires that each State establish priorities among the inactive hazardous waste sites in that State which present, or may present, a substantial threat to public health or the environment. Requires that such priorities be: (1) established according to regulations promulgated by the Administrator; and (2) consistent with the National Inactive Hazardous Waste Disposal Site Response Plan ("the Plan"). Directs the Administrator to establish and annually revise national priorities, based upon the relative danger to public health and the environment, among the inactive hazardous waste sites throughout the United States which are releasing, or present a substantial threat of releasing, hazardous waste. Refers to the 100 inactive hazardous waste sites designated as representing the greatest danger as top priority sites. Authorizes any State to submit to the Administrator a program under which specified actions may be taken or be required to be taken with respect to inactive waste sites which present or may present a substantial threat to public health or the environment. Directs the Administrator to approve such State program upon determination that it conforms to the Plan and meets other specified criteria. Authorizes States, under such programs, to require specified current owners or former owners, operators or hazardous waste generators to take necessary cleanup actions with regard to a top priority site. Authorizes the Administrator to provide assistance to States from a specified fund to carry out approved State cleanup programs. Allows up to 15 percent of such assistance funds to be used for cleanup of sites not designated as top priority, if such sites present or may present a greater hazard than some top priority sites. Limits such assistance to: (1) 70 percent of program expenses at sites owned by the State or any political subdivision thereof; and (2) 95 percent of such expenses at sites not so owned. Authorizes the Administrator to provide such assistance to any State without regard to whether such State has an approved program in effect, for a period of two years after the enactment of this Act and under specified conditions. Authorizes the Administrator to provide technical and legal assistance in the administration and enforcement of, and to intervene in any civil action involving, contracts or subcontracts made by State or local governments acting in accordance with State plans. Authorizes the Administrator to take emergency response actions, or require specified persons to take such actions, if neither State, local government, nor any other person takes necessary immediate actions to prevent, minimize, or mitigate any harm to public health or the environment associated with a release or substantial threat of release of hazardous waste. Directs the President to revise and republish the National Contingency Plan for the removal of oil and hazardous substances, with a new section entitled the National Inactive Hazardous Waste Disposal Site Response Plan, with specified inclusions, and with procedures for public review, hearings, and further revisions. Requires that the removal of hazardous wastes and actions to minimize damage from hazardous waste release be in accordance with the plan to the greatest extent possible. Authorizes the President to issue regulations on the removal of released hazardous wastes and on the development and implementation of State cleanup programs. Authorizes the President to require the Attorney General to seek relief in the U.S. district court in the district in which such a threat occurs, in addition to State or local government actions. Provides for enforcement of this Act, liability for funds expended for cleanup, and civil penalties. Authorizes appropriations, for the five fiscal years beginning after the enactment of this Act, of sums necessary, together with funds collected through liability payments or civil penalties, to establish and maintain a fund of up to $1,000,000,000 for assistance to State programs and for actions by the Administrator. Requires owners of inactive hazardous waste sites to monitor releases and immediately notify the Administrator and State and local authorities of threats to the public health or the environment. Authorizes the Administrator to require sellers or former owners or operators of such sites to carry out such requirements. Provides for specified immunity with regard to such information. Sets forth provisions regarding the liability of generators for damages, the apportionment of responsibility among generators, the liability of other persons, and statutes of limitations. Prohibits U.S. district courts from having jurisdiction over such actions for damages pursuant to any grants of Federal question jurisdiction. Requires persons who generate hazardous waste to pay a fee to the Administrator. Provides for the amount, enforcement, and uses of such fees, which are inapplicable to waste which will be recycled and reused. Provides for payment by the Administrator of the rights of the claimant against the liable person. Grants specified subpoena powers to the Administrator. Authorizes the Administrator to make grants to States to improve enforcement capabilities relating to hazardous waste programs and laws. Requires that State attorneys general submit plans with specified inclusions to the Administrator in order to receive such grants or other assistance. Provides for equitable allotment of such funds among States and for termination of payments for noncompliance. Authorizes appropriations to carry out such assistance to State attorneys general for fiscal years 1981 through 1985. Increases the maximum terms of imprisonment for specified violations of such Act to five years (formerly one year) for first convictions and to ten years (formerly two years) for subsequent convictions. Includes among such violations the knowing transport, treatment, storage, disposal, or other handling of any hazardous waste so as to place any other person in imminent danger of death or serious bodily injury. Declares that, whenever a corporation commits any of specified violations, this shall also be deemed a violation by the individual director, officer or agent of such corporation who authorized, ordered, or carried out any of the acts constituting the violation if such individual knew or had reason to know of the act.
United States · United States Congress · 20 February 1980
Household Goods Shipper Protection Act - Amends the Interstate Commerce Act directing the Interstate Commerce Commission, in consultation with the Federal Trade Commission, to issue regulations prohibiting a household goods carrier from engaging in unfair or deceptive acts or practices in the advertisement, offer, or provision of transportation of household goods. Authorizes the Interstate Commerce Commission to issue cease and desist orders against any person engaging in such practices. Establishes civil penalties for violations of this Act. Permits household good carriers and shippers to establish dispute settlement procedures by submitting an application for establishing such procedures to the Commission for approval. Permits the Commission to investigate the functioning of any such procedures and to revoke or suspend its approval for failure to meet the specified requirements. Sets forth the requirements for such procedures, including notifying the shipper before a contract becomes binding, no charges to the shipper for using such procedures, and the availability of independent parties to hear and resolve disputes. Sets forth the responsibilities of the dispute settler, including the notification of all parties to the dispute of any and all decisions reached, and their obligations under the decision. States that such decision shall not be legally binding on any party to the dispute. Makes the results of such decision admissible in a court proceeding at the discretion of the shipper. Sets forth the conditions under which a shipper may be awarded attorney's fees.
United States · United States Congress · 13 February 1980
National Heritage Policy Act of 1979 - Title I - Declares the findings of Congress concerning the identification and protection of resources significant to the national heritage. Title II: National Heritage Program - Requires the Secretary of the Interior to establish a national heritage program and an historic preservation program. Directs the Secretary to establish and administer a National Register of Natural Areas which shall include resources of national, state and local significance. Declares that items of national significance shall be designated as "National Natural Landmarks" and such designations shall only apply to an area which clearly meets the standards for national significance as established by this Act. Requires the Secretary to expand and administer the National Register of Historic Places which shall include resources of national, state, and local significance. Requires the Secretary, within one year of the effective date of this Act, to develop or expand regulations or guidelines, as appropriate, for: (1) documentation of significant information concerning such resources; (2) eligibility criteria for inclusion in the Natural or Historic Register; and (3) nominations to the Natural or Historic Register by the State natural heritage officer of the State historic preservation officer as established by this Act. Requires the Secretary to establish revised criteria for the designation of nationally significant areas and places on the Registers. Requires the Secretary, within 18 months after the effective date of this Act, to develop regulations and guidelines for State natural heritage programs and State historic preservation programs, and to request the Governor of each participating State to designate a State natural heritage officer and historic preservation officer. Declares that there may be one person for both such positions. Authorizes the Secretary to: (1) develop a process for the voluntary involvement of the public in the conservation and preservation of natural and historic resources; (2) extend honorific Federal recognition of exceptional efforts by local governments and the private sector in the identification and protection of significant heritage resources; (3) develop and provide technical and nontechnical information and assistance on all aspects of natural and historic heritage conservation; and (4) study, in cooperation with other agencies and private and public organizations, the feasibility and necessity of establishing or developing other protective measures at the Federal, State, and local level for natural areas and historic places. Directs each Federal agency, with the advice of the Secretary and in cooperation with the State historic preservation officer, to locate and nominate to the Historic Register, historic resources located on lands which it owns or administers. Specifies measures to be taken by Federal agencies to provide for the maintenance, preservation, rehabilitation, or restoration of federally owned historic resources. Requires the head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State or having authority to license any such undertaking, prior to the approval of the expenditure of any Federal funds or the issuance of any license, to take into account the effect of the undertaking on any area included in or eligible for inclusion in the Natural Register. Specifies that, prior to the approval of any Federal undertaking which may adversely affect any natural or historic landmark, the head of the Federal agency involved shall determine that no feasible alternative to such undertaking exists. Requires the Council on Heritage Conservation, with the concurrence of the Secretary, to promulgate regulations or guidelines for the exemption of Federal undertakings from requirements of this Act. Amends the Land and Water Conservation Fund Act of 1965 to authorize the Secretary of the Interior to provide financial assistance to States for the conservation of natural areas. Includes networks, cultural landscapes, and neighborhoods significant in American history, architecture, archaeology, or culture, in the National Register. Amends the Land and Water Conservation Fund Act of 1965 to authorize appropriations for the Historic Preservation Fund through fiscal year 1983. Title III: Council on Heritage Conservation - Renames the Advisory Council on Historic Preservation the Council on Heritage Conservation. Directs the Council to: (1) review Federal policies and programs affecting historic places natural areas; and (2) inform and educate interested Federal agencies, State and local governments, Indian tribes, other nations, and international organizations and private groups and individuals as to the authorized activities of the Council. Authorizes appropriations for the assessment for United States membership in the International Centre for Study of Preservation and Restoration of Cultural Property for fiscal years 1979 and 1980. Stipulates that no appropriation may be authorized and no payment made to the Centre in excess of 25 percent of the total annual assessment of such organization. Title IV: Administrative Provisions - Permits the Secretary of the Interior to accept donations and bequests of money and personal property for the purposes of this Act. Allows the head of each Federal agency, after consultation with the Secretary, to withhold from public disclosure, information which might reveal the specific location of sites, objects, buildings, structures, terrestrial communities, aquatic communities, geologic features, or landforms which are eligible for or included in the Natural Register or the Historic Register, whenever it is determined that the disclosure of such information would create a risk of harm to such locations.
United States · United States Congress · 30 January 1980
Expresses appreciation to Canada for: (1) its historic close relations and cooperation with the United States in conducting foreign policy; (2) its support for U.S. efforts to obtain the safe release of the hostages in Iran; and (3) its efforts to protect and arrange the safe departure of certain U.S. citizens from Iran.
United States · United States Congress · 29 January 1980
Establishes the Lake Tahoe National Scenic Area, in the States of California and Nevada, to be administered by the Secretary of Agriculture in accordance with the provisions of this Act and, in the case of national forest land within such scenic area, in accordance with the laws applicable to the national forests. Directs the Secretary to prepare a plan which shall contain such standards and describe such programs as the Secretary considers appropriate to carry out the purpose of this Act. Requires the Secretary, before adopting any such plan, to: (1) publish a proposed plan which shall be available to the public; and (2) hold at least two public hearings within the scenic area regarding the proposed plan. Directs the Secretary to adopt, within two years after the date of enactment of this Act, a final "Lake Tahoe National Scenic Area Plan". Directs the Secretary, as soon as possible after the date of enactment of this Act, to promulgate regulations which distinguish between the types of activities which shall be deemed to have a potentially significant impact on the scenic area and those activities which do not. Requires any State or local governmental entity which has authority to issue any permit, variance, license, or other type of approval for any activity which is deemed to have a potentially significant impact on the scenic area to provide prompt notice to the Secretary of any determination made by such entity to: (1) approve an application; or (2) carry out such activity (in the case of activities conducted directly or indirectly by the State or local government). Prohibits any such permit, variance, license, or other type of approval from becoming effective unless, within a 60 day period after such entity has submitted notice to the Secretary, the Secretary has issued a written approval of the activity. Allows any permit, variance, license, or other type of approval for an activity which is deemed not to have a potentially significant impact on the scenic area to become effective 10 days after approval is made, unless, during such time, any interested party submits a written petition to the Secretary appealing the approval. Sets forth specified actions that the Secretary shall take to ensure that certain Federal funds and permits are not made available to any State or local governmental entity having jurisdiction within the scenic area if the Secretary determines that such governmental entity has failed to: (1) establish regulations or laws consistent with the standards specified in the plan within one year after any such standards have been adopted by the Secretary; (2) interpret such regulations or laws in a manner consistent with the plan; or (3) notify the Secretary of applications for building or sewer permits or zoning variances within the scenic area. Allows the Secretary to charge user fees for use of the scenic area. Establishes in the Treasury of the United States a Lake Tahoe National Scenic Area fund which shall be available to the Secretary for the purpose of implementing this Act. Permits the Secretary to acquire by donation, purchase with donated or appropriated funds, exchange, condemnation, or otherwise any property, or interest therein, within the scenic area. Limits acquisition by condemnation to specified conditions. Allows the Secretary to establish a Lake Tahoe National Scenic Area Advisory Commission to insure public participation in the preparation and implementation of the plan. Declares that nothing contained in this Act shall effect any right of the States of California or Nevada, or any political subdivisions thereof, to: (1) exercise civil or criminal jurisdiction within the scenic area; (2) levy taxes on any persons or property within the scenic area; or (3) adopt and enforce any standards or requirements for the protection of scenic resources or environmental quality within the scenic area. Provides for the mitigation of local revenue losses due to an increase in property taxes on properties remaining in private ownership within the scenic area. Provides for judicial review of any final action or order of the Secretary under this Act. Repeals the Act consenting to the Tahoe regional planning compact approved December 18, 1969, effective upon the date of the adoption of the plan by the Secretary.
United States · United States Congress · 28 January 1980
Urges the President to prohibit the exportation of fertilizer from the United States to the Soviet Union, until Soviet troops are withdrawn from Afghanistan.
United States · United States Congress · 10 December 1979
Title I: Fish Restoration Program - Amends the Federal Aid in Sport Fish Restoration Act to: (1) define the term "coastal State" for the purposes of such Act; and (2) authorize appropriations in the amount equal to the revenue accruing from taxes relating to sport fishing equipment and certain recreational boats and boating equipment for fiscal year 1980 and each fiscal year thereafter. Title II: Fish Restoration Program - Increases the percentage of the annual appropriation deducted for administrative expenses. Sets forth the apportionment ratio for the Secretary of the Interior to use in distributing funds among the States under the fish restoration program. Authorizes the Secretary to expend unobligated funds to carry out the purposes of this Act. Eliminates the notification by a State of intent to accept such apportionment funds requirement. Authorizes the Secretary of the Interior to finance up to 75 percent of the costs of the acquisition of lands or interests therein and the construction of structures or facilities. Permits each State to utilize up to ten percent of its apportionment for an aquatic resource education program. Title III: Tax on Sale of Sport Fishing Equipment and certain Recreational Boats and Boating Equipment - Amends the Internal Revenue Code of 1954 to impose a tax on the sale by the manufacturer, producer, or importer of any article of sport fishing equipment, recreational boats, and boating equipment.
United States · United States Congress · 6 December 1979
Amends the Act establishing the Big Thicket National Preserve in the State of Texas, by increasing the authorization of appropriations for the acquisition of lands and interests in lands from $63,812,000 to $88,592,000.
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 · 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 · 2 November 1979
Authorizes the President, on behalf of the Congress, to present a gold medal of appropriate design to Bryan Lewis Allen, the first aviator to cross the English Channel in a self-powered plane. Authorizes appropriations of up to $15,000 to strike such medal. Authorizes the Secretary of the Treasury to strike bronze duplicates of such medal for sale to the public.
United States · United States Congress · 31 October 1979
Smoke Detector Demonstration Act - Directs the Administrator of the United States Fire Administration to establish and conduct smoke detector placement demonstration projects for two years, after consultation with the Secretary of Housing and Urban Development. Directs the Administrator to establish criteria applicable to the selection, acquisition, installation, and maintenance of smoke detectors used and to the selection of participating households and communities. Directs the Administrator to establish minimum performance requirements applicable to detectors used in the projects, after examining and testing detectors available for retail purchase on the enactment date of this Act, and to authorize acquisition of detectors which meet such requirements. Directs the Administrator to ensure that sufficient opportunity for participation is given to older persons, institutions serving children, and low-income families. Directs the Administrator to cooperate with local fire prevention agencies and local communities. Authorizes the Administrator to cooperate with any private entities in carrying out the projects. Directs the Administrator to submit information on project results to the Consumer Product Safety Commission. Directs the Commission to evaluate such information and disseminate to consumers information pertinent to the purchase and effective use of smoke detectors. Authorizes the Commission to require the Administrator to design projects so as to produce information to be used in promulgating consumer product safety standards. Directs the Commission to take account of such information relating to potential fire hazards from household appliances or other consumer products. Directs the Administrator to report to Congress, with recommendations for legislative or other action. Authorizes appropriations for fiscal year 1981 to carry out this Act.
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 · 12 October 1979
Ixtoc I Oil Pollution Compensation Act of 1979 - Directs the Secretary of Transportation to compensate U.S. claimants for economic losses resulting from oil pollution from the blowout of Ixtoc I in the Bay of Campeche, Mexico. Sets forth the procedure for making such claims or settling such claims. Permits a claimant, whose claim is denied or not settled within 60 days of presentation, to commence a district court action against the Secretary in lieu of resubmitting such claim to the Secretary for a decision. Prohibits claimants receiving compensation from recovering under any other Federal or State law for the same injury. Permits States to impose additional requirements or liability. Directs the Secretary to make a grant to the Texas Parks and Wildlife Department for the construction and operation of a saltwater fish hatchery. Stipulates that the amount of compensation payable to Texas shall be reduced by the amount of such grant.
United States · United States Congress · 12 October 1979
Smoke Detector Demonstration Act - Directs the Administrator of the United States Fire Administration to establish and conduct smoke detector placement demonstration projects for two years, after consultation with the Consumer Product Safety Commission and the Secretary of Housing and Urban Development. Directs the Administrator to establish criteria applicable to the selection, acquisition, installation, and maintenance of smoke detectors and to the selection of participating households and communities. Directs the Administrator to ensure that: (1) sufficient opportunity for participation is given to older persons, and low-income families; and (2) communities in the southcentral region which experience substantial risk of fire are included. Requires that the administration, from presently available detectors, determine which meet minimum performance requirements to fulfill program objectives and authorize their purchase. Directs the Administrator to cooperate with local fire prevention agencies and local communities. Authorizes the Administrator to cooperate with any private entities in carrying out the projects. Directs the Administrator to report to Congress, with recommendations for legislative or other action. Authorizes appropriations for fiscal year 1981 to carry out this Act.
United States · United States Congress · 28 September 1979
National Historic Preservation Amendments of 1979 - Amends the Act known as the "National Historic Preservation Act of 1966" to officially entitle such Act the "National Historic Preservation Act." Declares under such Act, that it is the duty of the Federal Government, in cooperation with other nations, the States, local communities, and private organizations and individuals, to promote the preservation and conservation of the historic, architectural, archaeological, and cultural resources of the United States and of the international community of Nations. Declares that the Federal Government shall give priority to preservation activities for the revitalization of urban areas, the conservation of agricultural areas, the creation of local employment opportunities, and the conservation of energy. Directs the Administrator for Historic Preservation appointed pursuant to this Act to establish and maintain a National Register of Historic Places at the national, State, or local level in accordance with procedures set forth in this Act. Requires that such properties shall: (1) be of national or world heritage significance; (2) involve a direct or indirect public investment; and (3) be legally dedicated to preservation. Directs the Administrator, not later than one year after his initial appointment, to establish an Inventory of Historic Resources on a State-by-State basis. Declares that those properties which are determined to meet the criteria of significance, but which lack the other requirements for inclusion in the National Register, shall be designated as eligible for inclusion on the Register. Makes such Inventory available to all Federal, State, and local government departments, agencies, and instrumentalities. Requires the Administrator to promulgate regulations concerning nondisclosure to the public of any property location where such disclosure would be likely to endanger the property. States that properties included in such inventory and designated as eligible properties shall be treated as certified historic structures under provisions of the Internal Revenue Code, unless the Administrator finds that such treatment would not further the purposes of this Act. Declares that such properties shall be entitled to financial assistance in accordance with provisions of such Act. Directs the Administrator to review, during the one-year period following enactment of this Act, all properties included in the National Register under prior authority of law. Requires the Administrator to include each property designated as "National Historic Landmarks" under prior authority and each property which meets the requirements of this Act in the National Register. Provides that those properties included in the Register under prior authority, but which do not meet all the requirements under this Act shall be designated in the Inventory as "eligible properties." Allows any State or local government carrying out an approved program under this Act or any Federal agency to nominate a property for inclusion in the Register or for inclusion in the Inventory as an eligible property. Requires such information to be included in the Register, as appropriate, unless the Administrator disapproves such nomination within 30 days of its receipt. Allows the Administrator to accept a nomination from any person, if the property nominated is located in a State or political subdivision where there is no approved program. Requires the Administrator to determine the eligibility or inclusion of such property in the Register. Allows the Administrator on his own motion or at the request of any person, to include any property on the Inventory and designate such property as eligible if he determines such property to meet the requirements of this Act. Declares that a property shall be considered of national significance when: (1) the Congress so designates a property; (2) a property is included in the National Park System as a historical unit; or (3) the Administrator determines the property to be of national significance. States that a property shall be considered to be of World Heritage significance when it is included in the World Heritage list maintained in accordance with the Convention Concerning the Protection of the World Cultural and Natural Heritage. Declares that a property shall be considered a public investment if government agency fund expenditures directly or indirectly contribute substantially to the preservation of such property, or if a Federal income tax deduction or similar State or local measure is taken with respect to the amortization of amounts spent for rehabilitation of a certified historic structure. Provides that a property shall be treated as legally dedicated to preservation when: (1) an easement, or other property interest, requiring preservation of significant features of such property for not less than 30 years is held by any person or government entity or is otherwise legally binding on the owner; (2) such property is under public ownership and managed for preservation; or (3) any State or local law provides for the designation or preservation of such property. Requires the Administrator to promulgate regulations to carry out the purposes of this Act. Directs the Administrator to establish and administer grant-in-aid programs to States and the National Trust for Historic Preservation, and programs of direct grants, loans or loan guarantees for historic preservation. Authorizes the Administrator to make grants to States, upon application, for programs approved under this Act. Prohibits such grants from paying more than 50 percent of the costs of such programs. Provides that the remaining 50 percent shall be contributed by non-Federal sources, and of such percentage not more than 25 percent may be contributed in the form of property or services, or both. Requires the Administrator, upon approval of such programs, to evaluate such programs every four years to determine whether or not such programs are in compliance with the requirements of this Act. Requires the Administrator to conduct periodic fiscal audits of the recipients of Federal grants. States that State and local governments may assume the responsibility for financial and compliance audits of Federal grants received by them and other persons or organizations and their subgrantees. Declares that the Federal Government shall be responsible for audits which deal with economy, efficiency, and program results and for assuring that such financial and compliance audits are conducted under generally accepted audit standards. Directs State and local governments receiving grants to set forth in writing criteria by which they judge whether they are meeting program requirements, to be available for use by the auditors. Directs the Administrator to reimburse State and local governments for actual expenses incurred in conducting such audits. Sets forth the following requirements for approval of State programs: (1) designation by the Governor of a State historic preservation officer; (2) transfer of not less than 50 percent of the grants received to political subdivisions of the State having preservation programs; (3) provision of financial mechanisms for the development of properties on the National Register or in the Inventory of Historic Resources; (4) provision of mechanisms for the acquisition, acceptance of donations, and dedication of fee title in applicable properties; (5) provisions for relocation assistance to persons or businesses affected within the historic district; (6) giving priority to projects that will conserve energy, are labor intensive, or will further urban revitalization or agricultural conservation; (7) provision of a professional acceptable mechanism for the identification, evaluation, and protection of historic properties within the State; and (8) otherwise carrying out the purposes of this Act. Sets forth restrictions for grants made under this Act for the improvement of properties. Prohibits grants made under this Act for the improvement of properties. Prohibits grants made for any single property to exceed $50,000. Prohibits any grant to any State in any fiscal year to exceed ten percent of such funds to carry out a comprehensive statewide survey of historic resources. Requires that no more than 15 percent of such grant be used for improvement of government buildings used for governmental purposes. Sets forth procedures for the allocation by States of grants to political subdivisions. Allows the Administrator to allocate funds to any political subdivision of any State that does not have an approved program within two years after the date of enactment of this Act. Sets forth procedures for approval of State historic preservation programs in effect under prior authority of law. Sets forth conditions for grants and loans that may be made by the Administrator for: (1) the preservation of properties of national or world heritage significance; (2) demonstration projects to preserve any eligible property or property on the National Register; (3) the training and development of skilled labor in trades and crafts and in curation relating to historic preservation; and (4) Indian tribes for the preservation of historic properties. Provides that any such loans made by the Administrator shall be at an interest rate determined by the Secretary of the Treasury guided by applicable provisions of this Act. Authorizes the Administrator to make loan guarantees for any project approved by the State historic preservation officer, or the chief elected official of any State that does not have an approved program. Sets forth conditions for loans and loan guarantees made by the Administrator in consultation with the Secretary of Treasury. Authorizes the Administrator to deem any portion of any record, material, or data received in connection with any financial application as privileged or confidential within the meaning of applicable law. Establishes as an independent agency a Historic Preservation Agency to be under the direction of the Administrator for Historic Preservation, appointed by the President by and with the advice and consent of the Senate. Directs the President to establish an Advisory Council on Historic Preservation to be composed of the following members: (1) the Secretary of the Interior and the Architect of the Capitol; (2) four agency heads (other than the Department of the Interior) whose activities affect historic preservation; (3) representatives of the National Conference of State Historic Preservation Officers, the National Trust for Historic Preservation, and four professionals in the fields of history, architecture, archeology, urban planning, or related disciplines; (4) three State governors or mayors; and (5) three at large members of the general public. Sets forth requirements and procedures to be followed in the operation of the Council. Authorizes the Council to conduct hearings and make determinations and recommendations with respect to the protection of historic properties. Requires the Council, when transmitting legislative recommendations, testimony, or comments on legislation to the President or the Office of Management and Budget, to concurrently transmit such copies thereof to the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Natural Resources. Sets forth the duties of the Administrator including: (1) advising the President and the Congress on matters relating to historic preservation; (2) encouraging public interest and participation in historic preservation; (3) conducting studies relating to historic preservation and the effects of tax policies on such preservation; (4) assisting State and local governments in drafting appropriate legislation; (5) providing training and education in the field of historic preservation; and (6) maintaining the historic register, surveys, and records of the agency. Requires the Administrator to submit an annual comprehensive report of his activities and the results of his studies to the President and the Congress. Authorizes the Administrator to accept donations and bequests of money and real and personal property, and to use such donations in accordance with provisions of this Act. Directs the Administrator, consistent with the provisions of this Act, to institute a program of education and training relating to historic preservation for Federal agencies, State and local governments, private organizations and individuals, and other nations and international organizations connected with the World Heritage Convention. Directs the Administrator to increase the awareness of historic resources and preservation among the student population of the United States, to develop mechanisms to give the public a greater knowledge of historic resources in the cultural heritage of the United States, and to establish a program for training and development of skilled labor in trades and crafts relating to historic preservation. Requires the Administrator to review the policies and programs of Federal agencies whose activities are under the purview of this Act. Directs the Administrator to promulgate guidelines relative to archaeological and historical data for Federal agencies consistent with provisions of this Act. Directs the Administrator, within one year after his appointment, to establish, jointly with the Secretaries of the Interior, Agriculture, and Defense, and the Administrator of the General Services Administration, standards for the management and preservation of federally owned historic properties. Directs the Administrator to review and approve the plans of transferees of surplus federally owned properties eligible for or on the National Register to ensure historic preservation in the rehabilitation of such properties. Requires all Federal agencies administering any program of Federal assistance to any State or local government or under which any Federal approval is required to coordinate such program with the purposes of this Act. Requires such agencies to submit proposals to the Administrator, within 180 days after his appointment, relative to their preservation activities. Directs the Administrator to designate National Historic Landmarks and World Heritage properties and to submit such designations to the appropriate World Heritage properties and to submit such designations to the appropriate congressional committees 30 days after such designations become effective. Directs the Administrator to encourage and coordinate United States participation in the Convention Concerning the Protection of the World Cultural and Natural Heritage and other international historic preservation activities in cooperation with the Secretaries of the Interior and State, and the Smithsonian Institution. Requires the Administrator to establish a program to nominate historic properties to the World Heritage Committee on behalf of the United States. Requires such nominations to be submitted to the appropriate congressional committees 60 days prior to the intended action. Authorizes the participation of the United States as a member of the International Centre for the Study of the Preservation and Restoration of Cultural Property. Authorizes the appropriation of the sums necessary for United States membership in the Centre for fiscal years 1979 through 1989. Directs the Administrator to establish a program to encourage tourism by people of other nations to historic properties of the United States, reflecting the diverse, ethnic and cultural heritages of the citizens of the United States. Requires each Federal agency to notify the Administrator 45 days prior to any undertaking outside the United States that may affect a property on the World Heritage list or which has been nominated for inclusion on such list. Requires the head of each Federal agency to designate a Preservation Officer responsible for coordinating the agency's activities under this Act. Requires each agency having jurisdiction or control over properties on the National Register to submit property management plans to the Administrator for comment within one year after the date of enactment of this Act. Directs the Secretary of the Interior to study and investigate properties included in the National Register which are under the jurisdiction or control of Federal agencies. Authorizes the Secretary to recommend to the President the transfer of administrative jurisdiction or control of such properties to him as a unit of the National Park System. Requires such recommendation to be concurrently submitted to the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Natural Resources. Authorizes the Secretary, upon the concurrence of the Administrator, to accept gifts or donations of less than fee interests in any properties in the National Register, where such acceptance will facilitate the preservation of such property. Authorizes each Federal agency having authority for management of any real property, with the concurrence of the Administrator, to lease or exchange with any person or organization the management of properties on the National Register. Requires the proceeds of such leases to be retained by the agency to defray the expenses with respect to such properties, and the surplus proceeds to be deposited in the United States Treasury. Allows the heads of such agencies to enter into contracts for the management of such properties. Directs all Federal agencies to cooperate with purchasers and transferees of eligible property or property included in the National Register in the development of plans for uses of such property comparable with preservation and conservation objectives without imposing unreasonable economic burdens on public or private interests. Requires each Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State to survey the affected area to determine the effect of such undertaking on the protection of historic properties. Authorizes the Administrator to promulgate regulations or guidelines, as appropriate, under which Federal programs or undertakings may be exempted from the requirements of this Act. Authorizes all Federal agencies to expend appropriated funds for purposes of this Act. Requires each Federal agency to provide the Administrator a 45-day comment period with respect to any program or policy that may affect historic properties. Defines terms used in this Act. Establishes a Historic Preservation Fund in the Treasury of the United States to be funded from revenues payable to the United States under the Outer Continental Shelf Lands Act or the Act of June 4, 1920, or both. States that not less than two-thirds of appropriated funds shall be available for other grants or loans and for the Administrator to carry out his duties under this Act. Directs the Administrator to establish regulations to insure maximum public participation in all activities of the Administrator, the Council, other Federal agencies, States, and units of local governments in carrying out requirements under this Act. Declares that grants made under this Act may not be used to satisfy requirements of other provisions of law requiring matching by State or local funds nor shall they be treated as taxable income for purposes of the Internal Revenue Code of 1954. Grants attorney fees to any person who prevails in any civil action brought in any United States district court against any Federal agency to enforce the requirement relating to the protection of historic properties in connection with the action of a Federal agency. Authorizes the Administrator to establish an annual preservation awards program under which he makes awards to Federal, State, or local government officers or employees in recognition of their outstanding contributions to the preservation of historic resources. Allows the President to award any citizen of the United States recommended for such award by the Administrator. Directs the Administrator to promulgate regulations for carrying out the awards program. Authorizes the Administrator to delegate to any State having an approved program under this Act the authority to carry out responsibilities under the National Environmental Policy Act of 1969 with respect to such approved program. Transfers the provisions of various Acts relating to historic preservation responsibilities from the Secretary of the Interior to the Administrator for Historic Preservation. Authorizes the Administrator to issue an order to postpone for 60 days any action undertaken, or being undertaken, by any Federal agency, or agency or instrumentality of a State or local government, or by any other person if such action may adversely affect any property included in the National Register. Directs the Administrator, during the period, to endeavor to develop an acceptable preservation plan for the affected property, or to exercise his emergency acquisition authority provided under this Act. Provides procedures for the assessment of civil penalties for violations of such orders, and for judicial review in the United States District Court for the District of Columbia or any other district in which such person resides. Provides procedures for administrative hearings for the assessment of civil penalties. Establishes the Pension Building in Washington, District of Columbia, as a national historic site to be named the "National Center for the Building Arts." Requires the Administrator of the General Services Administration to transfer such building and lands to the jurisdiction of the Secretary of the Interior. Directs the Secretary to administer the management of the Center in accordance with provisions of this Act and other Acts generally applicable to units of the National Park System. Authorizes the Secretary to enter into contracts with the National Building Arts Foundation relating to management of such Center. Appropriates $15,000,000 to be used for the renovation of the Center. Establishes a National Building Arts Foundation and specifies programs it shall carry out relating to the building arts. Directs the Foundation to coordinate its activities with other public and private organizations and individuals in order to avoid duplication of efforts relating to the functions of the Foundation. Establishes a Board of Trustees of the Foundation and provides for the funding of the Foundation. Directs the General Accounting Office to review and audit regularly the accounts of the Foundation to determine the ability of the Foundation to pay for the functions of the Center. Requires the Foundation to submit annually a report to the appropriate congressional committees containing a statement of its activities pursuant to this Act and a proposal for its programs during the succeeding four years. Provides emergency acquisition procedures for the Administrator for any properties eligible for or in the National Register where such properties are threatened with demolition or impairment. Directs the Administrator, in consultation with the American Folklife Center of the Library of Congress and the Buildings Arts Foundation, to report within two years after the date of enactment of this Act, to the President and the Congress on preserving and conserving the intangible elements of our cultural heritage. Requires the report to include recommendations for legislative and administrative action by the Federal Government relating to such heritage. Directs the Administrator for the Historic Preservation Agency to submit the following reports: (1) to the President and the Congress within eight years on the operation of the Historic Preservation Fund; (2) to the Congress within 90 days of his appointment on his study of the Pennsylvania Avenue Development Corporation; (3) to the President and Congress within one year of his appointment on recommendations with respect to Federal tax laws relating to historic preservation; and (4) to the President and the Congress within two years of enactment of this Act on recommmendations for the creation of a National System of Cultural Parks. Amends the Pennsylvania Development Corporation Act to require any historic property demolition, or other rehabilitation, to be in accordance with applicable Federal and District of Columbia laws.
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 · 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 · 27 July 1979
Consumer Checking Account Equity Act of 1979 - Amends the Federal Reserve Act and the Federal Deposit Insurance Act to authorize member banks in the Federal Reserve System and federally insured nonmember banks to make automatic funds transfers from a savings deposit to a demand deposit pursuant to the written authorization of the depositor to make such transfers in connection with checks or drafts drawn upon the bank. Authorizes federally insured banks and savings and loan associations, State banks and savings and loan associations, savings banks, and mutual savings banks to offer interest-bearing deposits or accounts upon which the depositor may make withdrawals by negotiable instrument for the purpose of making transfers to third parties (NOW accounts). Stipulates that such deposits or accounts may only be held by individuals or nonprofit organizations. Amends the Home Owners' Loan Act of 1933 to permit Federal savings and loan associations and Federal mutual savings banks to establish remote service units pursuant to regulations of the Federal Home Loan Bank Board. Authorizes such associations to extend loans directly related to negotiable order of withdrawal accounts. Amends the Federal Home Loan Bank Act to require any institution which has subscribed for the stock of a Federal Home Loan Bank to maintain reserves against its negotiable order of withdrawal accounts pursuant to regulations prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System. Prescribes the required form of such balances. Amends the Federal Credit Union Act to permit insured credit unions to offer share draft deposits to individuals and nonprofit organizations in accordance with regulations prescribed by the National Credit Union Administration Board. Requires each Federal credit union to maintain reserves against such deposits in amounts and forms prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System.
United States · United States Congress · 27 July 1979
Title I: Purposes and Definitions - Declares that the purpose of this Act is to provide for a coordinated, simplified, and prompt process for Federal approval of nonnuclear energy facilities which are determined to be in the national interest. Title II: Priority Projects - Authorizes the President to establish an Energy Mobilization Board to be composed of members appointed by the President. Sets forth the general duties and powers of such Board. Stipulates that any action by the Board in designating a priority energy project shall not be considered as a "major Federal action" for purposes of the National Environmental Policy Act of 1969 (NEPA). Directs the Council on Environmental Quality to determine whether any Federal action relating to the Priority Energy Project, after it has been so designated and prior to establishing the Project Schedule, will be a "major Federal action" for purposes of compliance with NEPA. Directs the Board to designate Priority Energy Projects, based on specified criteria, and to publish a Project Decision Schedule containing deadlines for all Federal actions relating to such projects. Directs the President to make any decisions or perform any actions in the event that an agency or department fails to meet its deadline. Stipulates that nothing in this Act shall prohibit any agency from making a negative determination with regard to such projects if it is within the agency's authority to do so, and provides that in the event a negative decision is rendered, the Priority Energy Project designation shall be terminated. Limits to 24 the number of Priority Energy Projects to be designated in any one year. Provides for coordination of the actions of Federal, State, and local governments. Directs the Board to recommend to any State Governor and to the Congress actions to alleviate or prevent any delays in a priority project created or threatened by any State or local government. Authorizes waivers of Federal, State, or local law upon the Board's determination that any Federal, State, or local time requirement for agency action is unreasonable and would impede the making of any agency decision. Specifies the procedure for obtaining such waivers. Title III: Judicial Review and Miscellaneous Provisions - Limits judicial review to cases of absolute necessity involving alleged denial of rights under the United States Constitution or violations of statutory jurisdiction, authority, limitations, or rights. Sets time limits for filing claims arising out of actions taken pursuant to this Act, and bars any claims filed thereafter. Stipulates that such claims shall be brought in the district court of the district in which the Priority Energy Project would be located, and grants exclusive original jurisdiction to such court in such matters. Directs such court to give precedence to such matters over all other matters on the court's docket, to the greatest extent practicable. Authorizes the Supreme Court, exclusively, to review interlocutory judgments or orders of the district court pursuant to this title, and directs the Supreme Court to give precedence to such matters. Terminates the Board's authority to designate priority projects seven years after the date of enactment of this Act. Authorizes the appropriation of $2,000,000 for fiscal year 1980 to carry out this Act.
United States · United States Congress · 26 July 1979
Defines "appropriate manager" as a person whose management authority extends to informing Federal agencies and a business entity's personnel about serious dangers associated with a particular product or business practice. Makes it a Federal crime for an appropriate manager to knowingly fail to inform the appropriate Federal agency in writing, and to warn affected employees in writing, within 30 days after discovering in the course of business that a serious danger is associated with a product or business practice.
United States · United States Congress · 10 July 1979
Declares it the sense of Congress that the Postmaster General and the Citizens Stamp Advisory Committee should give favorable consideration to the issuance of a commemorative postage stamp in honor of Americans of Italian descent and the 250th anniversary of the birth of Philip Mazzei on December 25, 1980, or as soon as possible thereafter. States that the Postmaster General and the Committee should honor other foreign-born contributors to the revolutionary cause, from countries which have not yet been commemorated, prior to the conclusion of the American Bicentennial celebration in 1983.
United States · United States Congress · 26 June 1979
Authorizes the President, on behalf of the Congress, to present a gold medal of appropriate design to Bryan Lewis Allen, the first aviator to cross the English Channel in a self-powered plane. Authorizes appropriations of up to $15,000 to strike such medal. Authorizes the Secretary of the Treasury to strike bronze duplicates of such medal for sale to the public.
United States · United States Congress · 7 June 1979
Coal Pipeline Act of 1979 - Title I: Rights-of-Way for Federal Lands - Authorizes the Secretary of the Interior to grant or renew rights-of-way over, under, upon, or through Federal lands for coal pipelines and related facilities, under terms and conditions set forth under this Act which are necessary: (1) to protect Federal property and economic interests; (2) to provide efficient management of such lands and protection of other lawful users of such lands; and (3) to carry out the purposes of this Act. Title II: Non-Federal Lands - Authorizes the Secretary to issue a certificate of public convenience and necessity to any person, upon application, proposing to construct a coal pipeline. Sets forth criteria for issuing such certificates, including requirements that specified findings be made by the Secretary of Transportation, the Secretary of Energy, and the Interstate Commerce Commission. Prohibits the issuance of such certificates to users or suppliers of coal to be transported by such pipelines. Directs the Attorney General to conduct an antitrust review to determine the effects upon competition of such certificates. Authorizes any person who proposes to construct a coal pipeline to acquire any right-of-way necessary for construction, operation, or maintenance of such pipeline and related facilities by the exercise of the power of eminent domain in the appropriate United States district court, but only if such person is unable to acquire such right-of-way by negotiation and such person holds a certificate of public convenience and necessity issued under this Act. Exempts specified lands from being taken by eminent domain. Title III: General and Miscellaneous Provisions - Authorizes the Attorney General, at the Secretary's request, to seek appropriate equitable remedies to enforce any provision under this Act or any regulation or order issued under this Act. Imposes civil and criminal penalties for any violation or failure to comply with the provisions of this Act. Authorizes any State issuing a State water permit or authorization to a pipeline for which a certificate of public convenience and necessity was issued or a right-of-way was granted under this Act to condition the water rights of such pipeline to effectuate a legitimate State public interest. Requires that right-of-way permits and certificates of public convenience and necessity issued under this Act contain terms and conditions necessary to protect the environment from adverse effects associated with the construction, operation, and maintenance of such pipeline. Requires that all such pipelines be buried underground.
United States · United States Congress · 23 May 1979
Designates the Indian Mounds Wilderness within and as part of the Sabine National Forest, Texas. Directs the Secretary of Agriculture to file a map and a legal description of such Wilderness with the appropriate Congressional committees as soon as practicable, and declares such description to have the same force and effect as if included in this Act.
![Official portrait of Rep. Eckhardt, Bob [D-TX-8]](https://www.congress.gov/img/member/e000035_200.jpg)