United States · United States Congress · 6 September 1979
Health Care for All Americans Act - Establishes a comprehensive "national health insurance system" (defined as the programs established by this Act and Medicare for the financing of health-care services). States the findings and purposes of this Act. Enumerates the rights of eligible individuals, providers, and insurers and health maintenance organizations (HMOs). Requires that such individuals and entities have their views considered with respect to actions under this Act affecting them. Gives such an individual the right to: (1) choose any participating provider with respect to a covered service; (2) the prompt and accurate making of decisions under this Act; (3) be heard on any grievance related to benefits under this Act; and (4) confidential treatment and use of information collected under this Act. Gives such a provider the right to: (1) decide whether or not to participate in the system; (2) the prompt and accurate payment for services; and (3) choose the mode and place of practice (with respect to a physician provider). Gives such an insurer and HMO the right to: (1) decide whether or not to participate in the system; and (2) carry on a supplemental health insurance business. Defines terms used in this Act. Title I: Eligibility, Entitlement, and Enrollment - Extends eligibility for the benefits of this Act to: (1) U.S. citizens; (2) aliens lawfully admitted or permanently residing in the U.S. under color of law, including refugees; (3) aliens admitted to the U.S. as employees of a foreign government or international organization which has entered into an agreement with the U.S.; and (4) aliens admitted as temporary visitors from a foreign government which has entered into such an agreement. Directs the National Health Board (established by this Act), after consultation with the Secretary of State, to recommend to the President that executive agreements be entered into: (1) with foreign governments and international organizations to make their employees and officers eligible for health benefits in return for a payment of the national community-rated premium plus an amount equal to what would otherwise be payable as the Medicare hospital insurance payroll tax, if such employees were so taxed; and (2) with foreign governments upon a determination that it is in the national interest to make nationals or citizens of such nations who visit the U.S. eligible for benefits in return for comparable treatment of U.S. citizens abroad. Entitles each eligible individual to: (1) enroll in a qualified plan offered by an insurer or HMO and to change enrollment during certain periods; (2) have payment made on such individual's behalf and not be charged any fee for basic covered services; and (3) be issued a health insurance enrollment card. Stipulates that such a card shall not identify the category or basis for the individual's enrollment. Requires enrollment information to be available and provided: (1) by employers to employees; (2) by or through the Board to Medicare-eligible individuals; (3) by the Secretaries of Defense, Transportation, Commerce, and HEW to active- duty uniformed service personnel under their jurisdiction; (4) by the Social Security Commissioner to Supplemental Security Income (SSI)- eligible individuals; (5) by managers of Federal and State institutions to residents; (6) by State welfare agencies to Aid to Families with Dependent Children (AFDC)-eligible persons; and (7) by or through State health boards to other individuals. Directs the Board to notify State health boards of the identity of eligible individuals who, in certain Federal information returns, have failed to indicate enrollment under a qualified plan. Requires providers to transmit to their respective health boards requests for payment for eligible persons who did not indicate enrollment at the time of receiving services. Directs State health boards to make special efforts to locate such persons and provide for their enrollment. Defines "first general open enrollment period", "general open enrollment period", and "special enrollment period" for purposes of the program. Stipulates that all members of a family (other than those who are Medicare or SSI-eligible or residents of a Federal or State institution) be enrolled at any time in only one qualified plan. Requires employers to offer qualified employees during specified enrollment periods the choice of enrollment under: (1) at least one plan offered by an insurer belonging to (A) the Blue Cross-Blue Shield consortium or (B) the commercial insurance consortium; and (2) at least one plan offered by an HMO belonging to (A) the individual group practice HMO consortium or (B) the prepaid group practice HMO consortium (if such a plan is available in the area in which the employees obtain health care services). Allows the employer to also offer enrollment in plans offered by a self-insurer. Requires an offer of enrollment to be made first to a collective bargaining representative or other employee representative designated under law. Requires each employee to elect a plan in accordance with procedures established by the Board. Directs the employer to enroll such employee in a plan in accordance with procedures in the absence of such an election. Requires any employer offering in conjunction with a qualified plan a plan with benefits supplemental to basic services to provide employees with written information regarding additional employee costs for such supplemental plan. Limits a family which is offered a choice of plans to enroll under only one qualified plan. Subjects an employer who knowingly fails to comply with these requirements to a civil penalty which may be assessed by the Board and collected by civil suit in a district court. Requires active-duty members of the uniformed services to enroll in a plan from among such health plans offered by or through the Department of Defense as the Secretary of Defense, after consultation with the Secretaries of HEW, Transportation, Commerce, and the Board, finds are consistent with the statutory requirements regarding uniformed services medical care and with policy requiring provision of basic and other covered health services to such members and their families. Requires Medicare-eligible individuals to enroll with the Board or a participating HMO in accordance with the Medicare program. Allows SSI-eligible individuals, residents of Federal or State institutions not otherwise enrolled, AFDC-eligible individuals, or other individuals not otherwise enrolled to enroll during specified periods in any qualified health plan available to such individuals. Provides for the mandatory enrollment of such individuals who fail to enroll in a plan, in accordance with regulations of the Board and rules and procedures of the State health boards. Title II: Benefits and Providers - Includes as basic covered services: (1) inpatient and outpatient hospital services (and inpatient mental health services up to (A) 150 consecutive days for Medicare-eligible individuals, or (B) 45 consecutive days for other eligible individuals, during certain periods of treatment as determined under Medicare); (2) physicians' services, including hospital-based physicians (and services for the treatment of mental illness and outpatient mental health services to the extent that expenses for such services do not exceed the fee-equivalent of 20 psychiatric visits per year, as determined under Medicare); (3) post-hospital extended care services up to 100 days during any spell of illness; (4) the following preventive health services: (A) basic immunizations; (B) pre-and post-natal maternal care; (C) well-child care (including periodic physical examinations, hearing and vision screening, and developmental screening and examinations) for persons up to the age of 18 years; and (D) such other services as the Board may add on a year-by-year basis after consultation with appropriate experts and a determination by the Board that such services will be cost-effective (but limits the expenditure for such additional preventive services to $500,000,000 for the first effective year (defined as the third year after the year of enactment) and for subsequent years an increase tied to the average annual rate of increase in the gross national product. Includes as additional basic services: (1) outpatient physical therapy services, outpatient speech pathology services; (2) health clinic services, including rural health clinic services; (3) home dialysis supplies; (4) tests and other diagnostic tests; (5) X-ray therapy; (6) durable medical equipment used in the patient's home; (7) ambulance service, to the extent provided by regulations; (8) prosthetic devices (other than dental), including lenses after cataract surgery and replacements; (9) leg, arm, back, and neck braces, and artificial legs, arms, and eyes, including replacements; (10) insulin and outpatient prescription drugs for treatment of chronic conditions (but for Medicare-eligible individuals only to the extent provided under such program); (11) one audiological examination per individual per year and the provision of one hearing aid per individual for any three-year period; and (12) mental health day care services to the extent of two days for each day of inpatient mental health services permitted by this program. Excludes as basic services: (1) items and services for which payment may not be made under Medicare; and (2) for other than Medicare-eligible individuals payment for (A) orthopedic shoes or other supportive devices for the feet, (B) certain physician services described under Medicare, and (C) certain inpatient hospital services described under Medicare. Authorizes the Board, after consultation with the Commission on Health-Care Benefits and the Commission on Quality of Health Care (established by this Act), to exclude payment for an item or service under a plan under this program and Medicare on the basis of cost-effectiveness, notwithstanding any other provision. Makes specified provisions of title XI (General Provisions and Professional Standards Review) and title XVIII (Medicare) of the Social Security Act applicable to basic services provided under qualified plans to the same extent as they apply under Medicare. Authorizes the Board, after consultation with the Commissions on Health-Care Benefits and Quality of Health Care, to establish a list of high-risk, high-cost, elective, or overutilized items or services for which payment may be made only if one or more of the following conditions are met: (1) the provider is board-certified in the relevant specialty; (2) the diagnosis and recommended service are supported by a second opinion or specific objective findings; (3) the provider-institution is adequately equipped and staffed; (4) the specialist or institution is providing care upon referral by a primary-care physician; or (5) the provider has demonstrated through statistical services that it provides high-quality services and properly uses appropriate methods and technologies. Title III: Financing and Planning - Part A, Budget and Planning Process - Specifies the annual timetable for the budget process for the national health insurance system as follows: (1) by January 15th proposed annual State budgets are to be prepared by the State Health Boards, in accordance with regulations and after consultation with specified interests, and submitted to the Board; (2) the Board shall transmit for inclusion without change in the Budget presented by the President an estimate of the anticipated Federal expenditures related to the appropriate Annual Budgets; (3) by March 1st a comprehensive Annual Budget is to be prepared and adopted by the Board and transmitted to the President, Congress, the States, and the public; (4) the Congressional Budget Office shall submit to the appropriate congressional committees as soon as practicable after receipt of the Annual Budget an analysis of its impact on the Federal Budget; (5) by July 1st the annual State budgets are to be adopted by the State Health Boards, taking into consideration the State Health Care Improvement Plan mandated by this Act, and transmitted to the Board; and (6) on the following January 1st the budget year begins. Specifies the contents of the Annual Budget and annual State Budgets, including enumerated items in the following categories: (1) anticipated expenditures; (2) anticipated revenues; (3) separate schedules, including Medicare and other public programs; (4) premium rates, including the national community-rated and group-rated premium amounts and national premium rate; and (5) five-year projections. Places the following limitations on expenditures under this program: (1) total anticipated expenditures for a year may not exceed the amount of the estimated expenditures by more than the average annual rate of increase in the gross national product for the three-year period ending with the year before the year in which the Annual Budget is adopted; (2) the amounts budgeted for covered health-care services for the U.S. and for any State are the maximum amounts that may be expended for such services (except for costs associated with uniformed service members); (3) a State Health Board may not provide for total expenditures for items covered in the budget in excess of those contained in the Annual Budget with respect to the State; (4) the total anticipated expenditures for the U.S. and for any State for the provision of basic services within a category of services or of providers are the maximum amounts that may be expended for such purposes (within percentage variations that the Board may permit); and (5) the percentage increase in the anticipated expenditures per capita for covered health-care services over the actual expenditures for such services for the previous year are limited according to specified formulas. Directs the Board, in consultation with the President's Commission on the Health of Americans, to prepare and annually revise, before the adoption of each Annual Budget, a National Health Care Improvement Plan which describes: (1) needs over a five-year period relating to the accessibility, quality, and cost of health care; (2) the effect of the provisions of this program on meeting such needs; and (3) recommendations. Directs the Governor of each State to prepare and annually revise a State Health Care Improvement Plan in accordance with Board standards and guidelines which describes: (1) needs over a five-year period relating to the accessibility, quality, and cost of health care; and (2) specific actions for meeting such needs. Requires such State Plan to include to the extent appropriate the objectives of: (1) the State health plan in effect under title XV of the Public Health Service Act (National Health Planning and Development); (2) the State medical assistance plan in effect under Medicaid; and (3) any plan submitted by the State to receive assistance under the Public Health Service Act and the Community Mental Health Centers Act. Title III - Part B, Payments to Providers - Provides for payment to providers as follows: (1) insurers and HMOs shall make payments to providers furnishing services to (A) their respective enrollees and (B) individuals not enrolled at the time of services but who are subsequently enrolled; (2) the Board shall make payments to providers furnishing services to a Medicare-eligible individual who is not enrolled in a plan offered by a HMO: and (3) the Secretary of Defense shall pay for services furnished to a member of the uniformed services on active duty. Requires each insurer or HMO to provide for payments of such allocated portion of the approved prospective budget (required under this Act) of the provider as reflects, in accordance with Board regulations, the proportion of the costs in the budget used to provide such services to such enrollees. Prohibits payment for expenditures by an institutional provider for covered services it furnishes to the extent such expenditures are not included in such approved prospective budget. Requires Board regulations to provide for methods of cost apportionment among insurers and HMOs in accordance with specified criteria. Allows such methods to include apportionment based on: (1) the number of treatments of particular conditions or diagnoses; (2) the relative value of the health-care services furnished (with respect to indices of relative values to be established by the Board); or (3) the number of admissions, patient days, diagnoses, or other easily determinable factor that may fairly allocate costs. Allows a State health board, when regulations provide for more than one apportionment method, to select and require the use of one such method. Requires each institutional provider in a State with an approved prospective budget to transmit annually to the State Health Board an experience report which shows the differences between the actual expenditures and services provided by the provider and those allowed for in its approved prospective budget. Directs the State Health Board to provide for: (1) the retention by the provider of one-half of savings produced by actions which lowered expenditures below those predicted; and (2) adjustments, to the extent appropriate, in the amounts of payments made by insurers and HMOs or in the prospective budget for the following year to correct unintended differences in the amount or source of payments to a provider. Provides for payment to a provider, other than an institutional provider (defined as including hospitals, skilled nursing facilities, home health agencies, community health centers and clinics, and, to the extent provided by the National Health Board, HMOs), for covered services (other than drugs, hearing aids, durable medical equipment, or laboratory services) in accordance with the lowest of: (1) the fee charged by the provider; (2) the fee agreed upon between the provider and the insurer or HMO; or (3) the applicable maximum fee schedule for the service (established by this Act). Allows the National Health Board, upon the recommendation of a State Health Board, to increase the payment to a physician provider on an individual basis to recognize performance of unusual merit by such physician. Allows such a provider to elect to be paid on a salary or fee-for-time basis if the total amount payable in a year is not greater than the total amount payable for the equivalent amount of services as computed by the applicable maximum fee schedule. Provides for payment to a provider for: (1) durable medical equipment and laboratory services in accordance with the lowest of: (A) the charge for such service; (B) the charge agreed upon between the provider and the insurer or HMO; or (C) the maximum reasonable cost for such service; and (2) drugs and hearing aids in accordance with the lowest of: (A) the provider's fee charged for dispensing the drug or hearing aid; (B) the charge agreed upon between the provider and the insurer or HMO; or (C) the highest fee permitted under the applicable fee schedule. Provides for payment to a provider for other covered services in accordance with the lowest of: (1) the charge for the service; (2) the charge agreed upon between the provider and the insurer or HMO; or (3) the maximum reasonable cost of the service, as established by the State Health Boards in accordance with national guidelines and standards. Allows the National Health Board to permit experimental or demonstration methods of reimbursement which will further the purposes of this Act. Provides for periodic review of reimbursement methods. Sets forth procedures with respect to the budget limitations, including the following: (1) monitoring by the State Health Boards, the consortia (all the clearinghouses certified under this Act with respect to the financing of covered services), insurers, and HMOs of payment made to providers; (2) reporting by insurers and each consortium of excessive payments; (3) investigation and corrective actions by the State Health Boards; (4) shifting of funds among categories of services or providers and use of contingency funds for excess expenditures due to unforeseen circumstances; (5) modification of reimbursement methods; (6) additional certifications by State Health Boards of the need for particular services; and (7) requiring insurers and HMOs to make payments for services during certain periods. Allows philanthropic contributions and supplemental payments by State and local governments to finance services additional to those reimbursed under this Act. Stipulates that capital expenditures assisted by such assistance shall not be recognized by a State Health Board in its review of prospective budgets and maximum fee schedules. Requires each institutional provider to submit to the State Health Board its proposed prospective budget for the subsequent year which covers all medical services (not merely covered services) and includes the following: (1) anticipated costs, broken down by schedules for specified costs; (2) the proportion of such costs associated with covered services; and (3) anticipated revenues, broken down by source with respect to each class of items of anticipated costs. Authorizes the National Health Board to require accompanying documentation relating to specified factors for purposes of review. Specifies the manner in which certain costs shall be treated in such prospective budgets, including the following provisions: (1) the costs of all physicians' services under contract with the provider shall be included and the amount budgeted for such services shall be reasonable in relation to the cost of obtaining such services on a salaried or other basis, whichever is less; (2) the total cost of wages and fringe-benefits for nonsupervisory employees shall be included and shall reflect any existing collective-bargaining agreement; (3) the costs of furnishing basic services to ineligible individuals shall be included if no other reimbursement is obtainable by the provider; (4) depreciation costs shall not be included, except for certain capital costs, debt repayments, and costs associated with the closing of a facility; and (5) a reasonable rate of return on equity capital with respect to certain proprietary institutions shall be included. Directs the National Health Board, after appropriate consultation, to establish guidelines respecting review and approval by State Health Boards of proposed prospective budgets of institutional providers. Requires such guidelines to include: (1) standards to determine which budgets and budgetary elements may be approved without individual scrutiny; and (2) the detailed review of a random sample. Specifies standards which may be included with respect to providers of inpatient services. Requires the guidelines to provide for the collection and reporting of data in such uniform manner as the Board may set. Establishes procedures for the review and approval of prospective budgets by the State Health Boards, including the following provisions: (1) each review shall be made public and shall (A) assess whether changes in services or capital expenditures conform to the current plan of the health systems agency in the area (mandated under title XV of the Public Health Service Act) and the most recent State Health Care Improvement Plan; (B) review the quality, accessibility, and effectiveness of provider services, taking into consideration any relevant findings of professional standards review organizations (PSROs) and of any national provider accreditation organization for that category of provider; (2) a provider shall be given the opportunity to comment on any pending disapproval; (3) the State Health Board shall consider any timely recommendations submitted by consumer groups, the provider, and employee organizations, including negotiated recommendations; (4) a State Health Board may delegate its review functions to an independent entity; and (5) such budgets may not provide for any capital acquisition or expenditure unless the provider has participated in a planning process in accordance with regulations. Requires a State Health Board to approve a budget without modification, taking into account the following factors: (1) total limits on anticipated expenditures; (2) the health systems agency plan; (3) demographic factors; (4) the impact of inflation on budget costs; (5) the effects of any approved capital expenditure or reduction, service modification plans, or future wage increases; and (6) certain other efficiency and cost-effectiveness objectives. Requires resubmission of a budget to the State Health Board if a modification is required for excess expenditures. Disallows payments to an institutional provider for covered services not included in its approved prospective budget. Requires each State Health Board to develop maximum fee schedules for covered services (other than durable medical equipment and laboratory services) after opportunity for negotiations with participating providers. Directs the National Health Board to develop guidelines for such schedules which: (1) establish the relative value of particular services, taking into account specified factors; (2) provide for geographical variations in fees, taking into consideration certain criteria; (3) set the maximum fee for a service which can be provided by two or more categories of health personnel at the lowest of the maximum fees authorized for such categories; and (4) include a formula for allowing annual changes in such schedules. Requires payment for the provision of: (1) durable medical equipment and laboratory services to be the lower of (A) the charge, or (B) the reasonable cost of the equipment or service; and (2) drugs and hearing aids to be the lower of (A) the charge, or (B) the reasonable cost of the drug or aid, plus a reasonable professional fee. Directs the National Health Board to establish guidelines for the reasonable cost of durable medical equipment, laboratory services, drugs, and hearing aids which shall be the lowest cost at which any such item of comparable quality is (or could be made) generally available in an accessible area. Provides for the computation of the professional fee with respect to drugs and hearing aids. Outlines procedures for the use of negotiations to determine the amounts of payments to providers. Directs the National Health Board to establish criteria for the selection of the negotiating groups for each of the following groups of providers: (1) hospitals; (2) skilled nursing facilities; (3) home health care agencies; (4) other institutional providers, including community health centers, migrant health centers, and health clinics; (5) physicians; (6) other non-institutional providers, such as pharmacists, physical and occupational therapists; and (7) hospital employees. Sets forth requirements for representation within such groups. Requires that the selection guidelines by the National Health Board shall provide for: (1) differences in the sizes of the various negotiating groups; (2) proportional representation for each type of health-care provider; (3) three-year terms for each representative; and (4) nomination and election methods. Provides that such negotiations shall concern: (1) limitations with respect to payments made to institutional providers on the basis of approved prospective budgets; (2) maximum-fee schedules; (3) reasonable cost levels with respect to durable medical equipment, laboratory services, drugs, and hearing aids; and (4) other cost control methods. Allows a State Health Board to incorporate within its annual State budget the provision of any agreement reached as the result of such negotiations which would keep expenditures within the budgetary limits. Title III- Part C, Determining Amounts of Premiums and Incentive Payments and Benefits - Directs the National Health Board to establish, in conjunction with the adoption of the Annual Budget and after negotiations with consortia, participating insurers, and HMOs: (1) a national community-rated premium; and (2) a national premium rate. Requires the national community-rated premium to be set so that, if such amount were paid by the members of each family enrolled through an employer plan, the total premiums paid would equal the anticipated expenditures under the Annual Budget, including payments to providers for basic services and administrative costs, but excluding administrative costs for the National and State Health Boards, PSROs, contingency funding, and the costs of covered services to persons who are Medicare-, SSI-, AFDC-eligible residents of Federal or State institutions, or members of the uniformed services on active duty. Requires that the national premium rate be set so that the sum of all wage-related and non-wage related premiums, the government payment for unpaid private premiums, and the voluntary premiums under international agreements equals the anticipated expenditures for covered services to Medicare- eligible, SSI-eligible, and AFC-eligible individuals, and residents of Federal and State institutions. Directs the Board to establish a group-related premium for SSI-eligible individuals and for residents of Federal and State institutions who are enrolled in a qualified plan. Requires that: (1) such premium be set so that the total amounts paid on behalf of such individuals equals the expenditures for furnishing care to such persons; and (2) such premium be adjusted annually to reflect the actual cost experience with respect to such expenditures. Provides that the national community-rated premium and the national premium rate are to apply as the State community-rated premium and the premium rate for each State, unless a State is able to provide for reduced premiums by negotiating a lower level of approved expenditures than would otherwise be provided for in the national budget. Requires each State to establish a group-rated premium for AFDC-eligible individuals and residents of State institutions. Requires that such premium: (1) be set so that the total amounts paid on behalf of such individuals equals the expenditures for furnishing care to such persons; and (2) be adjusted annually to reflect the actual cost experience with respect to such expenditures. Permits a participating insurer or HMO to offer eligible individuals (other than Medicare eligibles) an incentive to enroll in a qualified plan by providing additional services or by paying dividends or cash rebates on premiums. Permits an HMO to offer such incentives to Medicare-eligible persons. Sets forth requirements with respect to such dividend and cash rebates, including that: (1) in the case of employed enrollees, they be divided between the employees and employer in accordance with Board procedures; and (2) they not be treated as taxable income to individuals or income under federally-assisted welfare programs, nor reduce any credit relating to a limit on the amount of private premium payments. Sets a limit on the amount of premiums paid with respect to members of a family unit as employees and by members of the family unit. Provides for a refund to families of amounts in excess of such limit. Title III-Part D, Payment and Collection of Premiums - Requires each employer to pay to the applicable consortium on behalf of each employee for each payroll period an amount equal to the product of the wages paid during such period and the applicable State premium rate. Permits an employer (subject to any collective-bargaining agreement) to require employees to pay up to 35 percent of such amount. Requires an employer to pay any voluntary contributions such employee may wish to have made on his behalf. Permits an employer to obtain certification from the Board as an impacted employer and so qualify for: (1) a payment from the Board if such employer is a State employer or nonprofit employer; or (2) a tax credit with respect to other employers. Specifies the formula for determining such payment or credit. Defines terms for the purposes of this section. Requires all persons (with specified exceptions) to pay to the applicable consortium an amount equal to the product of one-half the State premium rate and the amount of non-wage-related income of such persons' family units. Requires such persons to file quarterly information returns in accordance with Board regulations. Authorizes the Board to impose a collection surcharge for untimely payments. Prescribes the payment procedure for premiums under executive agreements. Requires: (1) the Board to make monthly premium payments to consortia on behalf of SSI-eligible individuals and residents of Federal institutions; and (2) each State to make monthly premium payments to consortia on behalf of AFDC-eligible individuals and residents of State institutions. Sets forth rules regarding Government compensation to consortia for certain uncollected premiums and an assessment against State or local governments which fail to make a required employer payment. Title III-Part E Distribution of Premiums - Requires the consortia to: (1) compute for each capitation individual an amount equal to the average anticipated expenditure in the State budget for the individual, including certain administrative costs and funds for the contingency fund, but excluding the administrative costs of the State health board; and (2) report such amounts to the Board for review. Requires each consortium to adjust capitation amounts to reflect for a specific capitation individual: (1) the relative actual costs of providing covered services in the area of such person's residency; and (2) the actuarial risk associated with the individual's characteristics. Requires that such risk adjustment be made to eliminate financial incentives for insurers or HMOs to practice risk selection or experience rating. Requires that the total of capitation amounts and adjusted capitation amounts for enrollees in a State be equal to the total expenditures in the State budget for the provision and administration of covered services, excluding State health board administrative expenses. Requires each consortium to apportion to its members an adjusted capitation amount for each capitation individual and a group-rated premium for each group-rated individual. Requires these amounts to be paid to members in installments consistent with Board guidelines. Directs the Board to provide supplementary payments from the Health Resources Distribution Fund to participating HMOs in operation for less than five years. Requires consortia to provide, in accordance with Board guidelines, for redistribution of collected premiums to assure that each consortium is provided an adjusted capitation amount for each capitation individual, and a group-rated premium for each group-rated individual. Directs each consortium to maintain a contingency fund for expenditures for unforeseen circumstances beyond the control of insurers or HMOs. Authorizes the Board, in any year when premiums collected are less than amounts provided in the annual budget, to guarantee the principle and interest of loans issued by the consortia to assure adequate revenues. Sets forth requirements with respect to such loans. Directs the Board, in any year when premiums collected are greater than provided for in the annual budget, to provide for the consortia to distribute such excess funds, including appropriate adjustments in subsequent national and State budgets. Title IV: Administration-Part A, National Health Board and State Health Boards Establishes an independent, five-member National Health Board, to be appointed by the President, to (among other specific functions): (1) establish commissions, bureaus, divisions, offices, and other entities required by this Act or deemed appropriate; (2) perform the functions of a participating insurer, HMO, or consortium with respect to any area or group of insurers for which there is no certified insurer or consortium; (3) perform the functions of a State health board with respect to any State in which such a board has not been established; (4) establish administrative procedures with respect to consumer and provider appeals from State health board decisions; (5) be responsible for the general implementation of this Act; and (6) study and evaluate on a continuing basis the operation of this Act. Transfers to the Board all functions of the Secretary of HEW relating to specified provisions of: (1) the Social Security Act (including Maternal and Child Health Services, Professional Standards Review Organizations, Medicaid, and Medicare); (2) the Public Health Service Act (but excluding, among other provisions, certain provisions of title III (Administration), title IV (National Research Institutes), title V (Miscellaneous), title X (Population Research), and title XIV (Safety of Public Water Systems); (3) the Community Mental Health Centers Act; (4) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970; (5) the Drug Abuse Office and Treatment Act of 1972; and (6) the provision of health care services to Indians (PL 94-437). Requires the Board to have: (1) an Ombudsman, to investigate complaints about program operation; (2) an advocate, to assist consumers in determining and protecting their rights to services; and (3) an inspector general, to direct the auditing and investigative activities of the Board. Directs the Board to establish the following Commissions: (1) Commission on Benefits, to review and make recommendations with respect to the provision of basic covered services under qualified plans and determine their cost and effectiveness in improving public health; (2) Commission on Quality, to review and make recommendations with respect to the quality of health services provided under this Act; (3) Commission on Access, to review and make recommendations with respect to the utilization of covered services by the different categories of eligible individuals; and (4) Commission on Health Care Organization, to review and make recommendations with respect to the cost and effectiveness of methods for the delivery of services. Requires at least one-half of the members of each Commission to be consumers or representatives of consumers and to include appropriate representation of health care providers and other participants. Establishes: (1) a nine-member Commission on the Health of Americans, to be appointed by the President, to conduct an ongoing review of the health status of the U.S. population and to review a broad range of proposals for improving such health status, including research, environmental programs, highway safety, public health programs, and personal health services programs; and (2) under the direction of the National Health Board, a National Institutes of Health Care Research which shall be composed of (A) an Institute of Health Statistics, (B) an Institute of Health Services Research, and (C) an Institute of Health Technology Evaluation. Transfers to such Institutes certain functions of the Secretary under the Public Health Service Act. Requires each State to charter as a public corporation a State health insurance corporation in accordance with Board guidelines. Directs each State health board (that is, the board of directors of the State corporation) to establish an ombudsman, an advocate, and such advisory commissions as are appropriate to carry out its functions. Delineates the duties of such boards. Title IV - Part B, Participating Insurers, Health Maintenance Organizations, and Consortia - Directs the Board to certify an insurer or HMO when certain conditions are met, including a participation agreement between the Board and the insurer or HMO containing specified provisions. Requires the insurer or HMO to: (1) become a member of the appropriate consortium; (2) offer enrollment in at least one qualified health plan which provides basic services without a charge other than the premium; (3) accept during open enrollment all eligible persons in the order they apply without restriction, up to its capacity (but permits the Board to provide for enrollment limits to reflect needs for cost-effective services and for special characteristics of self-insurers); (4) issue an enrollment card for each enrolled person; (5) pay participating providers in amounts no greater than permitted under this Act; (6) report to the State health board and its consortium on payments made and expenses incurred; (7) maintain and afford access to records by the consortium, State health boards, and the Board and provide confidential treatment of individually-identifiable records; (8) offer any rebates or other benefits to all enrollees on the same basis; (9) establish hearing procedures for an enrollee or provider who is dissatisfied with respect to certain services or payments; and (10) comply with other reasonable regulations respecting marketing and customer service practices which the Board establishes. Directs the Board to agree that, in return for agreed-upon services and understandings, the insurer or HMO is to be paid by its consortium for each enrollee in a qualified plan. Requires the Board to certify in each State one consortium for each of the following types of insurers or HMOS: (1) a Blue Cross-Blue Shield consortium, representing nonprofit State-chartered medical/hospital service corporations; (2) a commercial insurance carrier consortium, representing profit-making commercial insurers not directly furnishing health care services; (3) a prepaid group practice HMO consortium; (4) an individual practice association HMO consortium; and (5) a self-insurer consortium. Permits an insurer or HMO to serve as a member of a different consortium with the approval of the Board and the consortium. Sets forth requirements with respect to these consortia including: (1) a participation agreement between the Board and the consortium containing specified provisions; (2) that the consortium provide for premium collection and reallocation and pay members for each enrollee; (3)that a contingency fund be maintained; (4) that certain information be reported regularly to the Board; (5) that the consortium negotiate with provider groups in establishing prospective budgets and maximum fee schedules in areas where its members offer plans; (6) that certain review procedures be established for dissatisfied enrollees and providers; and (7) that other regulations be followed. Establishes as a defense in any civil or criminal antitrust action brought with respect to actions by a participating insurer or HMO or consortium that such actions were taken in the course of performing duties required under agreements entered into under this Act. Directs the Board, after consultation with the Attorney General and the Federal Trade Commission, to prescribe standards and procedures for the conduct of insurers, HMOs, and consortia which is consistent with the promotion of competition. Directs the Board to investigate complaints by a participating insurer or HMO that another participating organization has engaged in anticompetitive activity. Title V: Health Care Improvement Program - Directs the National Health Board to establish a program to improve the distribution of health care resources in the United States in order to promote the improvement in the quality, accessibility, and efficiency of services provided under this Act. Establishes in the Treasury the Health Resources Distribution Fund. Directs the Board to make grants to the State health boards from the Fund for projects to achieve the purposes of the program, including: (1) the conversion or closure of health care facilities; (2) the provision of health care services in health manpower shortage areas; (3) renovations of institutional health care facilities; (4) HMO and other delivery systems; (5) educational programs for health professionals to meet projected needs; and (6) continuing professional education programs. Requires that the Board allocate an amount to each State health board based on the State's needs as reflected in the National Health Care Improvement Plan. Requires that each State health board provide for a program for the education of consumers concerning health and their rights and privileges under this Act. Directs the Board to: (1) study the impact of this Act on, and means of improving, the Medicaid programs, and report appropriate recommendations to Congress within five years of enactment; (2) provide for the development and demonstration of methods to improve (A) the coordination of services by different providers, (B) the provision of services, and (C) peer review and control of utilization and quality in the provision of drugs, laboratory services, and other services under this Act and Medicare; (3) provide for demonstration projects to evaluate the feasibility of providing hospice services as part of basic covered health- care services; (4) provide for an analysis of provider malpractice and the provision of malpractice insurance, and report recommendations to Congress within two years of enactment. Directs the Board to provide for the conduct of a demonstration project in the organization, delivery, and financing of personal care services to groups likely to require such services. Requires that the Board make grants for establishing and maintaining programs to provide personal care services for a substantial population of persons residing in their homes who would otherwise be required to reside in an institution providing personal care services. Sets forth requirements with respect to such program. Directs the Board to transmit to Congress a comprehensive report with appropriate recommendations within five years of enactment. Title VI- Effective Dates, Transition Provisions, Amendments - Part A, Effective Dates and Transition Provisions - Sets forth effective dates for provisions of this Act. Provides for a special national premium rate for the period between October 1 and December 31 of the year before the first effective year. Directs the Board to establish for localities within each State maximum fee schedules applicable to services reimbursed under Medicare Part B for the period between July 1 and January 1 of the first effective year. Requires the Board to establish regulations, guidelines, standards, and procedures providing for the orderly administration of the Act, and to report to Congress within 18 months of enactment its progress in establishing implementation procedures. Directs the General Accounting Office to report to Congress within 18 months of enactment on the Board's progress. Provides that this Act does not alter or affect any contractual or other nonstatutory obligation of an employer to pay for or provide health services to present or former employees if the effect shifts the obligation in any part to such persons. Sets forth provisions relating to transfer of functions. Title VI: - Part B, Medicare-Related Amendments - Amends title XVIII of the Social Security Act (Medicare) to conform such Act with the Health Care for All Americans Act. Eliminates the prohibition against Federal supervision or control over the practice of medicine and the compensation of employees and officers of health care providers. Includes the following changes among those relating to eligibility: (1) broadens Medicare entitlement to include citizens of the U.S., persons legally admitted for permanent residence, and certain other persons aged 65 and over; (2) deletes the 24-month waiting period for eligibility for the disabled; and (3) entitles individuals to enroll in a participating HMO. Changes Medicare Part B from a voluntary insurance program to an entitlement program financed by premium payments and Federal funds. Includes the following among the changes relating to the scope of benefits: (1) deletes the limitation on inpatient hospital days; (2) adds mental health day care services; (3) replaces the existing limitation on inpatient psychiatric hospital services with a 150 consecutive day limit for Medicare purposes and a 45-consecutive-day limit for purposes of the Health Care for All Americans Act. Limits payment for outpatient psychiatric services and services related to the diagnosis or treatment of mental illness to an annual amount equal to 20 times the fee set forth in the maximum fee schedule for a psychiatrist's visit. Limits to $100 payment for certain outpatient therapy services in the therapist's office or beneficiary's home. Conforms coverage for end-stage renal disease with the provisions of the Health Care for All Americans Act. Includes the following among the changes relating to exclusions from coverage: (1) extends the applicability of exclusions to the Health Care for All Americans Act; (2) stipulates that preventive services are not excluded; (3) excludes hearing aids and related examinations only if they exceed one every three years, and one per individual; (4) eliminates the exclusion relating to orthopedic shoes; (5) permits the waiver, under certain conditions of the foot care exclusions for persons with diabetes mellitus; and (6) adds a new exclusion for insulin or outpatient prescription drugs for chronic conditions exceeding maximum amounts established by the Board. Makes technical and conforming amendments to Medicare Parts A and B relating to: (1) requirements for certification and requests for payment; (2) agreements with participating providers; (3) the use of State agencies to determine compliance with conditions of participation; (4) PSROs; and (5) payments to HMOs. Requires providers prescribing outpatient prescription drugs to use only generic or other names and specify such amounts as the Board may provide to insure quality and efficiency. Makes certain revisions with respect to payments to institutional and other providers and the administration of benefits. Repeals the deductible and coinsurance provision of the Medicare Part A program and the existing definition of "reasonable cost". Expands the definition of employment subject to the Medicare hospital insurance tax to include employment with Federal, State, and local governments, service performed for charitable organizations, service performed by certain employee representatives, certain students, and other organizations. Repeals provisions relating to the establishment of the Health Insurance Benefits Advisory Council. Applies certain procedural provisions of title II of the Social Security Act (Old-Age, Survivors and Disability Insurance) to Medicare and to the Health Care for All Americans Act. Amends title XIX of the Social Security Act (Medicaid) to establish a new arrangement for the determination of the Federal Medicaid payment, by which payment is to be equal to "excess State payments" according to a specified formula. Increases the Federal share of certain State Medicaid expenditures, including: (1) the training and compensation of skilled professional personnel (from 75 to 90 percent); (2) operation of management information systems (from 75 to 90 percent); and (3) general administration (from 50 to 90 percent). Establishes certain additional State Medicaid plan requirements including that States: (1) continue to provide services (other than those covered under the Health Care for All Americans Act) in the amount, duration, and scope as were covered by the States in the quarter before the first effective year of the program; (2) pay premiums on behalf of AFDC-eligible recipients; and (3) reimburse providers in a manner consistent with methods established by the Board. Requires any State not having a Medicaid program to enter into an agreement with the Board by which the State agrees to pay premiums on behalf of AFDC-eligible recipients and receives financial assistance from the Board. Amends title XI of the Social Security Act (General Provisions and PSROs) to: (1) extend the provisions for uniform reporting and disclosure of ownership and related information to the Health Care for All Americans Act; and (2) repeal the provisions relating to limitations on capital expenditures and programs for determining the qualifications of certain health care personnel. Amends the Internal Revenue Code to eliminate the present deduction for health insurance payments. Permits a deduction for amounts of medical expense not compensated for by insurance, in excess of three percent of adjusted gross income. Adds a new excess health insurance credit for impacted employers. Establishes special rules for computing such credit with respect to controlled groups of corporations and employees of partnerships and proprietorships which are under common control. Amends title XIII of the Public Health Service Act (Health Maintenance Organizations) to make conforming and certain other revisions with respect to the organization and operation of HMOs.
United States · United States Congress · 5 September 1979
Condominium-Cooperative Conversion Moratorium Act of 1979: For Tenant Protection and for the Preservation of Rental Housing - Title I: Condominium-Cooperative Conversion Moratorium - Prohibits the use of federally related mortgage loans for condominium or cooperative conversions. Prohibits any Federal grant, loan, insurance, or other form of assistance from being utilized, directly or indirectly, with respect to condominium or cooperative conversions. Prohibits the use of any means or instruments of transportation or communication in interstate commerce or of the mails with respect to condominium or cooperative conversions and sets forth criminal penalties of not more than $50,000 in fines and/or not more than five years imprisonment for violations of such provisions. Specifies that the provisions of this title shall apply for three years following the date of enactment of this Act. Title II: Presidential Commission - Directs the President to establish a Commission on Problems Relating to Condominium-Cooperative Conversions which shall study the problems resulting from the conversion of residential rental units to units in condominium or cooperative projects. Requires the Commission to report its findings, conclusions, and recommendations concerning solutions to such problems to Congress. Title III: Assistance for Persons Displaced by Condominium-Cooperative Conversions and Restrictions on Community Development Block Grants - Prohibits any lender or Federal instrumentality, for three years after the date of enactment of this Act, from making a federally related loan, grant, insurance, or other form or assistance which is to be used, directly or indirectly, with respect to the conversion of residential rental units in a condominium or cooperative project, unless the person who is to carry out such conversions certifies to the lender that such person has entered into, or made an offer to enter into, a contract which obligates such person to pay such household for actual and reasonable moving expenses up to $400. Sets forth criminal penalties of not more than $50,000 in fines and/or not more than five years imprisonment for violations of such provisions. Amends the Housing and Community Development Act of 1974 to prohibit any unit of government from making any grants under this title unless the Secretary of Housing and Urban Development makes a determination that the unit of government does not permit the conversion of residential rental units for low- or moderate-income households to units for higher income persons in condominium or cooperative projects unless all the displaced persons are assured of obtaining decent, safe, and sanitary rental housing with rental charges similar to those units from which such persons are displaced. Title IV: Amendments of the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to provide that the gain from conversion of residential rental property into condominium or cooperative housing shall be treated as gain which is ordinary income.
United States · United States Congress · 2 August 1979
Federal Employees Dental Benefits Act of 1979 - Directs the Office of Personnel Management (OPM) to contract for the following dental benefits plans for Federal employees: (1) a service benefit plan; (2) an indemnity benefit plan; (3) employee organization plans; and (4) health maintenance organization plans. Requires that the benefits under such plans include: (1) diagnostic services; (2) preventive care; (3) emergency dental care services; (4) fillings; and (5) extractions. Permits a plan, subject to approval of the OPM, to: (1) offer additional benefits; (2) require copayments not exceeding 50 percent of the value of such additional benefits; (3) limit the amount a beneficiary may be paid during a calendar year under such a plan; and (4) impose a calendar year deductible for each beneficiary. Allows the OPM to enter into contracts for such plans without regard to specified provisions of Federal law requiring competitive bidding. Sets forth requirements concerning: (1) the length and rates of such a contract; and (2) obligations of any carrier of such a plan. States that such contracts are not subject to the Federal Procurement Regulations. Directs the OPM to establish audit requirements which do not conflict with such Regulations to carry out the purposes of this Act. Allows an employee to enroll in a dental benefits plan as an individual or for self and family. Permits certain annuitants to continue enrollment in such a plan under conditions of eligibility prescribed by regulations of the OPM. Prohibits an individual from enrolling both as an employee or annuitant and as a member of the family. Specifies conditions under which an employee may change enrollment. Specifies the biweekly contributions of the Government and the enrolled individual toward the subscription charge of a dental benefits plan. Directs the OPM to provide individuals who are eligible for such a plan with sufficient information to enable the individual to make an informed choice among the types of plans. Requires that each enrolled individual receive a document summarizing: (1) the benefits of the plans; (2) the procedure for obtaining benefits; and (3) all provisions of the plan affecting the individual. Creates the Employees Dental Benefits Fund into which the contributions of the Government and enrolled individuals shall be paid. Directs the OPM to: (1) administer this Act; (2) make a continuing study of the operation of this Act and of the plans under this Act; and (3) transmit an annual report of its findings to Congress. Authorizes expenditures from the Employees Life Insurance Fund to pay administrative expenses of the OPM in carrying out provisions of this Act. Requires the reimbursement of such expenditures plus interest from the Federal Employees Dental Benefits Fund.
United States · United States Congress · 2 August 1979
Sales Representatives Protection Act - Title I: Contracts Between Sales Representatives and Principals - Requires a principal to furnish specified information to a sales representative concerning orders placed through the representative's account and a monthly accounting of commissions due such representative. Enumerates items which must be set forth in any contract between a sales representative and a principal. Title II: Indemnification - Exempts principals conforming with such information requirements from the indemnification provisions set forth in this Act. Requires a principal who, without good cause, terminates a contract between such principal and a sales representative, or reduces the rate of commission for orders solicited on behalf of such principal, to indemnify the representative according to this Act. Requires a principal who reduces the size of the geographic territory assigned to a representative for a specified account, which results in a specified reduction in commissions, to indemnify such representative. Sets forth formulae for the indemnification of such representatives. Title III: Miscellaneous - Allows a plaintiff to bring an action to enforce any rights or liabilities created by this Act in a United States district court. Stipulates the procedure for such action.
United States · United States Congress · 2 August 1979
Opportunities Industrialization Centers Skills Training and Private Sector Job Creation Welfare Reform Act of 1979 - Directs the Secretary of Labor to: (1) enter into a contract with Opportunities Industrialization Centers, Incorporated, for the creation of jobs and the provision of skills training for hard-core unemployed welfare recipients in urban and rural depressed areas, and unemployed persons in depressed areas whose unemployment insurance has expired; and (2) enter into contracts with other national community-based organizations, such as the National Urban League, for the provision of comprehensive employment services to such persons. Directs the head of each agency administering authority under any of specified Acts or programs, including the State and Local Fiscal Assistance Act of 1972, the Housing and Community Development Act, and public works assistance programs, to take steps to assure that consideration will be given to national community-based organizations for the provision of comprehensive employment services and job opportunities to welfare recipients pursuant to those Acts and programs.
United States · United States Congress · 31 July 1979
North Pacific Fur Seal Protection Act of 1979 - Title I: Termination of Convention - Expresses the sense of Congress that the Interim Convention on the Conservation of North Pacific Fur Seals should not be continued. Declares that the President should terminate such Convention and enter into negotiations for an international agreement banning all killing of such seals. Title II: Protection of Seals - Directs the Secretary of the Interior to establish the Pribilof Wildlife Refuge. Directs the Secretary of Commerce to designate that part of the fishery conservation zone extending seaward of the Pribilof Islands, Alaska, as a marine sanctuary. Prohibits the taking of seals within such Refuge and marine sanctuary, unless by the natives for subsistence purposes. Sets forth sanctions for violations of these provisions. Directs the Secretaries to employ, to the greatest extent possible, Pribilof Islands natives as rangers and guides. Stipulates that this title shall become effective upon termination of the Convention. Title III: Advisory Council; Social Services Programs - Provides for the establishment of an advisory committee to study and recommend to Congress alternative means of developing a livelihood for Pribilof Islands natives in lieu of the taking of seals, upon the termination of the Convention. Requires the Secretary of the Interior to assure that the income of Pribilof Islands natives engaged in the taking of seals be maintained, after the prohibition on the taking of seals takes effect. Title IV: Other Provisions of Law - Repeals title I (Conservation and Protection of North Pacific Fur Seals) of the Fur Seal Act of 1966. Stipulates that the Marine Mammal Protection Act of 1972 shall not apply if the taking of seals is prohibited under this Act.
United States · United States Congress · 31 July 1979
National Employment Priorities Act of 1979 - Requires a business concern to give notice, with an economic impact statement, to the Secretary of Labor and to affected employees, labor organizations, and local governments whenever such business concern intends a change of operations at an establishment which will result in an employment loss in any 18-month period of the lesser of 100, or of 15 percent, of the employees at such establishment. Requires, with exceptions, that such notice be given within specified periods of time (varying according to the number of employees affected) before such business concern reduces the weekly wages or suspends or terminates the employment of any employee in connection with such change. Directs the Secretary to investigate and hold public hearings on specified matters related to such change upon receipt of a written request for such investigation from an affected labor organization or from at least ten percent of the employees at such establishment. Requires such request to be made within 60 days of receipt of notice. Authorizes the Secretary to investigate and hold closed hearings on such matters, without regard to whether such notice is given, upon: (1) a determination that such investigation would serve the purpose of this Act; or (2) a request from at least 50 percent of such employees. Empowers the Secretary to issue subpoenas for witnesses and evidence in such investigations. Directs the Secretary to prepare and publish a report of such investigation. Makes employees who accept employment with such business concerns, with knowledge that such notice has been given, ineligible for specified assistance under this Act. Requires such business concerns to give written statements of employment status to employees whose weekly wages are lowered by a specified amount or who are suspended or terminated. Stipulates that an employee will be deemed to suffer an employment loss if a business concern fails to: (1) give such a statement of employment status to an employee; or (2) include in such statement an assurance of increased wages or reinstatement. Requires a business concern which gives such assurance, yet fails to prevent such employment loss, to pay such employee a lump sum in a specified amount in addition to other required payments. Requires a business concern, for a 52-week period following an employment loss, to make payments: (1) to the employee in a weekly income maintenance payment equal to 85 percent of such employees's wage rate or 100 percent of such rate while such employee participates in specified training programs; and (2) to specified employment benefit plans for such employees. Sets forth conditions under which such payments may be reduced or limited. Stipulates that such payments are not to be deemed wages for all other purposes, including specified employee benefit plans. Requires such business concerns to pay moving expenses for employees who resume employment with the same business concerns within three years. Requires such business concerns to continue weekly income maintenance payments to employees between 53 and 61 years of age when the 52 week payment period expires. Directs the Secretary to reimburse such business concerns for such continued payments. Directs the Secretary to make transitional assistance payments to employees upon their request whenever a business concern fails to make such payments. Provides that the amount of such payments shall then be owed, with interest, to the United States by such business concern. Makes a business concern which transfers ownership or control of an establishment to avoid liability for transitional assistance payments liable to the United States for a specified amount if the owning or controlling business concern fails to provide such assistance. Requires such business concerns to offer employees, who suffer an employment loss, any available employment, with equivalent wages and benefits, at any establishment of such business concerns for a three-year period after such employment loss. Sets forth such former employees' rights to credits and benefits in employee benefit plans and such business concerns' liability for payments to such plans. Stipulates that specified violations shall be deemed violations of the Employee Retirement Income Security Act of 1974, for which civil actions may be brought. Directs the Secretary, in consultation with specified groups, to implement a comprehensive assistance program (including existing or new programs of job training, job placement, and payments for job search and moving expenses) for employees who suffer or may suffer employment loss. Authorizes the Secretary to develop and implement retraining programs and to condition specified assistance to business concerns upon their implementation or assistance with such programs. Directs the Secretary to issue certificates of Federal procurement credit to business concerns which comply with this Act for appropriate periods if the Secretary finds that such assistance would provide additional employment opportunities through the cooperating concerns. Sets forth conditions of eligibility for assistance of business concerns, local governments, and certain employers or cooperative associations of employees. Authorizes the Secretary to provide specified forms of such assistance, giving priority to those which enable employees to continue at their present establishment. Makes such business concerns liable to local governments which lose revenue because of such changes of operations. Sets forth formulas for determining the amount of such liability. Directs the Secretary to pay such amounts to local governments if a business concern fails to do so (with such amount to be owed, with interest, to the United States by such business concern). Makes business concerns which transfer operations to an establishment outside the United States, when an economically viable alternative to such transfer exists, liable to the United States for lost revenues according to specified formulas. Sets forth criminal and civil violations and penalties. Enumerates violations of employees' rights and remedies for such violators. Directs the Secretary to: (1) recover overpayments for specified Federal assistance to employees obtained through a knowing deception; (2) maintain specified operating reserves; and (3) record mortgage security on specified loans. Provides procedures for Congressional disapproval of rules promulgated by the Secretary to carry out this Act. Directs the Secretary to make specified reports and legislative proposals to the Congress. Sets forth general powers of the Secretary in carrying out this Act. Directs the Secretary to implement this Act through the National Employment Priorities Administration. Authorizes the Secretary to delegate any function, power, or duty under this Act to the Administrator of the National Employment Priorities Administration. Establishes the National Employment Priorities Administration in the Department of Labor to: (1) perform such delegated functions, powers, and duties; (2) conduct research on the relationship between unemployment and changes of business operations; and (3) identify services and products which may profitably be provided by business concerns receiving specified assistance. Establishes the National Employment Priorities Advisory Council to: (1) advise and assist the Secretary in carrying out this Act; (2) evaluate programs under this Act; (3) study and report on those areas of future economic activity in which the United States will be at a competitive disadvantage and on industries in which many businesses may change operations; and (4) research and propose new assistance programs for employees, local governments, and business concerns. Authorizes appropriations to carry out this Act.
United States · United States Congress · 31 July 1979
Amends the Black Lung Benefits Act to stipulate that certain benefits paid to miners who filed claims under title IV of such Act shall not be considered workers' compensation benefits for the purposes of title II of the Social Security Act (Old-Age, Survivors and Disability Insurance).
United States · United States Congress · 31 July 1979
Amends the Communications Act of 1934 to prohibit the manufacture, importation, installation, offer to sale, rent, or lease, or other distribution of telephone receivers or similar equipment manufactured after the date of enactment of this Act for use in connection with any interstate or foreign communication, unless such receiver or equipment is designed and manufactured to permit telephone reception by means of hearing aids with inductive receptors. Establishes fines for violations of this Act.
United States · United States Congress · 31 July 1979
Expresses the sense of the House of Representatives that the Congress should promptly enact the President's April 5, 1979, proposal providing for solar energy tax credits and that such enactment should take effect retroactively to such date.
United States · United States Congress · 30 July 1979
Veterans' Administration Administrative Procedure and Judicial Review Act - Repeals provisions permitting the Administrator of Veterans' Affairs to determine and pay fees to agents or attorneys representing veterans' claims under laws administered by the Veterans' Administration (VA). Provides for judicial review of certain administrative decisions made by the Administrator. Applies the provisions of the Administrative Procedure Act to all VA rules, regulations, and determinations.
United States · United States Congress · 27 July 1979
Consumer Checking Account Equity Act of 1979 - Amends the Federal Reserve Act and the Federal Deposit Insurance Act to authorize member banks in the Federal Reserve System and federally insured nonmember banks to make automatic funds transfers from a savings deposit to a demand deposit pursuant to the written authorization of the depositor to make such transfers in connection with checks or drafts drawn upon the bank. Authorizes federally insured banks and savings and loan associations, State banks and savings and loan associations, savings banks, and mutual savings banks to offer interest-bearing deposits or accounts upon which the depositor may make withdrawals by negotiable instrument for the purpose of making transfers to third parties (NOW accounts). Stipulates that such deposits or accounts may only be held by individuals or nonprofit organizations. Amends the Home Owners' Loan Act of 1933 to permit Federal savings and loan associations and Federal mutual savings banks to establish remote service units pursuant to regulations of the Federal Home Loan Bank Board. Authorizes such associations to extend loans directly related to negotiable order of withdrawal accounts. Amends the Federal Home Loan Bank Act to require any institution which has subscribed for the stock of a Federal Home Loan Bank to maintain reserves against its negotiable order of withdrawal accounts pursuant to regulations prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System. Prescribes the required form of such balances. Amends the Federal Credit Union Act to permit insured credit unions to offer share draft deposits to individuals and nonprofit organizations in accordance with regulations prescribed by the National Credit Union Administration Board. Requires each Federal credit union to maintain reserves against such deposits in amounts and forms prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System.
United States · United States Congress · 27 July 1979
Daniel James Memorial Center for Preventive Health Education Act - Directs the Commissioner of Education to make a grant to Tuskegee Institute in Alabama for the construction of a building in memory of General Daniel James, to be known as the "Daniel James Memorial Center for Preventive Health Education. States that such Center shall serve as a repository for the papers and memorabilia relating to General James' life, and shall function as an athletic, educational, cultural, and community center.
United States · United States Congress · 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 · 25 July 1979
Amends the Age Discrimination Act of 1975 to exempt specified programs from the prohibition against age discrimination only if such actions are specifically directed or permitted by Federal statutes.
United States · United States Congress · 24 July 1979
Educational Testing Act of 1979 - Declares the purpose of this Act to be to: (1) ensure that test subjects and persons using test results are aware of the uses and limitations of standardized tests in postsecondary education admissions; (2) make test-related information available to the public; (3) protect the public interest by promoting more knowledge about the use of standardized test results and by promoting greater accuracy in the administration and interpretation of such tests; and (4) encourage the use of multiple criteria in the grant or denial of any significant educational benefit. Requires each testing agency to provide to a test subject information concerning: (1) the purposes of the test; (2) the subject matters and the areas of skill or knowledge being tested; (3) interpretation and use of the results; (4) the form in which the scores will be reported; (5) any promises made by a testing agency with regard to accuracy, forwarding, and privacy of information of such scores; (6) the property interest of a test subject in such scores, and their storage, disposal, or future use; (7) the time period for mailing such scores to a test subject and designated recipients; (8) special services to accommodate handicapped test subjects; and (9) notice of the information rights and review procedure available to a test subject. Requires a testing agency to notify a test subject and designated recipients if the scores will be delayed ten days or more. Requires a testing agency to provide to the Commissioner of Education information concerning any study or statistical report pertaining to a test which it prepares or for which it provides data. Stipulates that such information shall be considered records for public information purposes. Directs the Commissioner to report to the Congress with regard to such information within one year of enactment of this Act. Requires a testing agency (with regard to any tests administered to 5,000 or more subjects nationally over a testing year) to file with the Commissioner: (1) a copy of all test questions used in determining such test's raw score; (2) the corresponding correct answers; and (3) all rules for transferring raw scores into the scores as reported to a test subject and designated recipients. Stipulates that such information shall be considered records for public information purposes. Requires a testing agency, upon request, to send to a test subject: (1) a copy of the test questions used to determine the raw score; (2) such test subject's answer sheet, along with the corresponding correct answers; and (3) a statement of the raw score if such request is made within 90 days of the release of the test score to the subject. Authorizes a fee to be charged to cover the costs of providing a test subject with such information. Prohibits test scores from being disclosed by a testing agency to any person, institution, or governmental agency unless specifically designated as a recipient by a test subject. Authorizes previous scores to be released to any currently designated recipient. Requires a testing agency to report specified cost-related information to the Commissioner to ensure that such tests are being offered at a reasonable cost. Requires additional cost-related information to be submitted if a separate fee is charged for admissions data assembly or score reporting services (as defined by this Act). Provides a civil penalty of up to $2,000 for each violation of this Act by a test agency. Defines "standardized test" to mean a test affecting or distributed through interstate commerce (exclusive of one used by an individual institution for its own purposes or one used for non-admissions or credit-examination purposes): (1) used for postsecondary admissions; or (2) used for preliminary preparation for such postsecondary admissions tests.
United States · United States Congress · 20 July 1979
World Peace Tax Fund Act - Amends the Internal Revenue Code to permit conscientious objectors to designate their income, estate, or gift tax payments for nonmilitary purposes. Establishes within the Treasury of the United States a World Peace Tax Fund to receive such tax payments. Requires tax forms to contain a checkoff for taxpayers who wish to claim conscientious objector status and designate their tax payments for the World Peace Tax Fund. Specifies that an individual may claim conscientious objector status only if such individual has actually qualified as a conscientious objector for selective service or immigration purposes or declares that he or she is conscientiously opposed to participation in war, within the meaning of the Military Selective Service Act. Permits the Secretary of the Treasury to require any individual who claims conscientious objector status to provide such additional information as is necessary to verify such status. Permits the setting aside of criminal or civil penalties imposed upon a taxpayer for nonpayment of tax prior to the enactment of this Act, if the taxpayer pays the tax (with interest) and satisfactorily establishes that nonpayment was due to his conscientious objection to war. Directs the Comptroller General to determine the percentage of actual appropriations made by the United States from the Federal budget during the preceding fiscal year for military purposes. Requires the publication of such information in the Congressional Record. Establishes a World Peace Tax Fund Board of Trustees. Sets forth the membership structure and duties of the Board.
United States · United States Congress · 20 July 1979
Youth Employment Initiatives Act of 1979 - Amends the Comprehensive Employment and Training Act (CETA) to establish a Prime Sponsor Initiative Program to provide incentives to CETA prime sponsors and others to train, employ, and place for subsequent employment 16-to-21 year old youths who: (1) are out of school; (2) have been unemployed for at least eight weeks immediately prior to eligibility determination; (3) are unemployed at the time of such determination; and (4) have a family income no greater than 70 percent of the lower living standard income level. Allocates, from sums available for such program: (1) 80 percent to prime sponsors; (2) five percent to Governors; (3) at least two percent for Native American Youths; (4) at least two percent for youth in migrant and seasonal farmworker families; and (5) the remainder for discretionary projects of the Secretary of Labor. Allocates, for fiscal years 1981 and 1982, amounts available for prime sponsors and Governors among the States according to a formula based on the number in each State of: (1) unemployed persons; (2) unemployed persons residing in areas of substantial unemployment; and (3) persons in families with annual incomes below the low-income level. Directs the Secretary to use the best available data in determining such allocations. Allocates, for fiscal years 1983 and for succeeding fiscal years thereafter, amounts available for prime sponsors including special State programs and sponsors of Native American programs so that each such sponsor shall receive: (1) $400 for each month that each eligible participant spends in an authorized program; (2) $2,000 for each eligible former participant who has (a) been employed in at least three out of four of the quarters following completion of the program or (b) returned to school and completed a grade of schooling in the four quarters or the next school year following completion of the program; and (3) $500 for each eligible former participant who receives a wage of over 75 percent of the average industrial wage in the area or of over 1.2 times the minimum wage, whichever is higher, in the year following completion of the program. Requires that such sums be adjusted annually to reflect changes in the national average industrial wage. Directs the Secretary to increase the sum for employed former participants to adjust for certain increased difficulties in placement. Requires ratable reduction of such allocations in any fiscal year according to appropriations for such year and ratable increase of such reduced amounts whenever additional funds becomes available. Directs the Secretary to select for such programs only prime sponsors assuring that: (1) only economically disadvantaged youth will be served; (2) certain required wage levels will be met; (3) participants have experienced certain severe handicaps in obtaining employment; (4) participating youth are not relatives of those hiring them; (5) certain additional training by employers meets certain wage standards; and (6) special efforts will be made to recruit youth from families receiving public assistance, including parents of dependent children. Requires that funds for special State programs and for seasonal farmworker programs be used in accordance with specified plans, approved by the Secretary, for specified purposes. Requires Government agencies to provide employment, unemployment, and wage information on former program participants for fund allocation purposes. Sets forth certain wage standards for employment programs under this Act. Limits the CETA Youth Employment and Training Program to in-school youth. Authorizes appropriations for necessary sums for fiscal years 1981 through 1984 to carry out all CETA Youth Programs.
United States · United States Congress · 16 July 1979
Research Modernization Act - Directs the Secretary of Health, Education, and Welfare to establish within the National Institutes of Health a National Center for Alternative Research to develop and coordinate alternative methods of research and testing which do not involve the use of live animals. Directs that the Center will be managed by a Director who shall be appointed by the Secretary of Health, Education, and Welfare and that the head of any Federal agency which conducts or sponsors research or testing involving the use of live animals shall appoint one employee to serve as a member of the Center. Requires the Center to submit annual plans to the Secretary which shall include: (1) the identification and development of alternative methods of research and testing which do not involve the use of live animals; (2) directives to agencies which conduct or sponsor such research or testing; (3) an evaluation of the activities of the Center; and (4) an evaluation of the extent to which the goals of the plan have been achieved. Requires the Secretary to submit a report annually to Congress summarizing the plan. Requires the Secretary to make and publish in the Federal Register descriptions of alternative methods of testing which meet the regulatory scientific needs of the agencies and which have been reported in summary or plan. Prohibits the use of Federal funds to sponsor research or testing involving the use of live animals if alternative methods have been published in the Federal Register or if such work duplicates work performed by another agency. Requires each agency conducting research involving the use of live animals to: (1) implement a program to develop and utilize alternative methods of research and testing that would reduce or eliminate reliance on the use of live animals; (2) implement a program to develop and utilize methods which minimize or eliminate the pain, suffering, and fear of animals used in such research and testing; and (3) make grants and enter into contracts with educational institutions to establish courses for the training of scientists in methods of research and testing which do not involve the use of live animals.
United States · United States Congress · 12 July 1979
Authorizes any State or local government election agency to send free of postage: (1) absentee ballots; (2) voting instructions pertaining to such ballots; and (3) envelopes for returning ballots. Permits any person casting an absentee ballot to return it to the agency postage-free. Stipulates that this Act shall not apply to mail transmitted under the Federal Voting Assistance Act of 1955 or the Overseas Citizens Voting Rights Act of 1975.
United States · United States Congress · 12 July 1979
Amends the Internal Revenue Code to allow a refundable income tax credit for amounts paid or incurred for television subtitle equipment for use by hearing-impaired individuals.
United States · United States Congress · 11 July 1979
Energy Antimonopoly Act of 1979 - Amends the Clayton Act to prohibit any entity, or subsidiary thereof, which produced or had an interest in a total of 35,000,000 barrels of crude oil, condensate, and natural gas liquids in 1976 from acquiring control or a majority of the assets of any other entity whose assets exceed $100,000,000.
United States · United States Congress · 10 July 1979
Welcomes and congratulates the first directly elected Parliament of the European Community. Pledges congressional support for continued close relations with such Parliament.
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 · 28 June 1979
Amends the National Aeronautics and Space Act of 1958 to establish within the National Aeronautics and Space Administration (NASA) a program to advance the state of automotive research and technology. Requires such program to achieve one or more of the following goals: (1) preservation and enhancement of personal mobility at reasonable cost; (2) reduction of the Nation's dependence on foreign oil; (3) increased motor vehicle safety; (4) reduction of motor vehicle environmental effects; (5) improvement of motor vehicle reliability; (6) conservation of scarce resources; and (7) enhancement of the international competitive position of the Nation's automotive products. Charges NASA with the overall responsibility for planning and managing activities designed to achieve the goals set forth by this Act. Denies the Administrator of NASA any power to promulgate any regulations concerning the commercial development or use of the automotive products resulting from the research and development programs provided for by this Act. Requires the President to transmit annual reports to Congress setting forth a description of the activities of all Federal agencies in the field of automotive research and technology development and an evaluation of the progress of such agencies in reaching the goals established by this Act. Establishes a Motor Vehicle and Fuels Coordination Committee to advise the Administrator of NASA and the Secretary of Energy on matters relating the conduct of the program of automotive research and technology development and of programs within the Department of Energy to develop alternative fuels for use by motor vehicles. Transfers to the Administrator of NASA: (1) all automotive research and technology development programs currently being conducted by other Federal agencies; (2) all functions, powers, and duties of the Secretaries of Energy and Transportation, and any other officer or employee of the United States which relate to automotive research and technology; and (3) so much of the costs and funding as are allocable to the programs which are transferred to the Administrator. Requires the Administrator to assure that small business concerns will have realistic and adequate opportunities to participate in the automotive research and development programs established by this Act. Requires the Administrator to report to Congress with respect to all activities relating to the research programs established pursuant to this Act.
United States · United States Congress · 27 June 1979
Utility Lifeline Act of 1979 - Amends the Public Utility Regulatory Policies Act of 1978 to require State regulatory authorities and nonregulated utilities to establish uniform minimum amounts of electric energy and natural gas necessary to supply the essential needs of residential consumers, schools, and hospitals during any billing period. Stipulates that no utility's rate schedule for such amounts shall exceed the lowest rate charged by such utility for any equivalent amount of electric energy or natural gas sold during such period for use by any other customer or class or category of customers. Permits utilities to establish higher rates for that portion of electric energy or natural gas which exceeds the minimum amounts established under this Act. Prohibits electric and natural gas utilities from imposing rates or charges for electric energy or natural gas sold to retail consumers other than those for which minimum amounts of electric energy or natural gas are established which rates or charges exceed by more than 12 percent the charges which would be applicable to such sales if such charges were based on the cost of providing such service, with exceptions. Directs the Federal Energy Regulatory Commission to issue an order establishing the amounts of electric energy or gas specified by this Act for essential needs in the event a utility fails to establish such amounts, and requires such utility to establish rates or charges for such amounts which meet the requirements of this Act. Authorizes judicial review of the Commission's action in setting minimum amounts of electric energy or gas for essential needs, but prohibits courts conducting such reviews from a State regulatory authority's rate determination relating to such amounts, except as necessary to carry out the purposes of this Act. Stipulates that in the case of provisions of this Act applicable to electric utilities, nothing under such provisions shall be construed to prohibit the adoption of time-of-day and seasonal rates to the extent that such rates are consistent with this Act. Makes conforming amends to the Public Utility Regulatory Policies Act of 1978.
United States · United States Congress · 27 June 1979
Capital Cost Recovery Act of 1979 - Amends the Internal Revenue Code to revise the method for determining useful lives of business assets for purposes of computing allowable depreciation deductions. Replaces the asset depreciation range (ADR) method with a schedule of capital cost recovery periods for three classes of business property. Establishes capital cost recovery periods for the following classes of business property: (1) buildings and their structural components, ten years; (2) tangible property, five years; and (3) automobiles, taxis, and light-duty trucks (up to $100,000), three years. Allows a ten percent investment tax credit for buildings and tangible property, and a six percent credit for automobiles, taxis, and light duty trucks. Requires the recapture of depreciation amounts and investment tax credit amounts applicable to assets which are sold or otherwise disposed of prior to the expiration of the capital cost recovery period. Permits taxpayer to deduct less than the full allowance for capital cost recovery in any taxable year. Permits a carryover to succeeding taxable years of any unused depreciation amounts. Disqualifies capital cost recovery property from the allowance for first year depreciation. Treats amounts claimed as the capital cost recovery of noncorporate lessors as an item of tax preference for purposes of the minimum tax. Adopts as an accounting practice the "half year convention" under which investments eligible for capital cost recovery treatment or the investment tax credit which are made at any time during the taxable year are deemed to be made in the middle of such year.
United States · United States Congress · 27 June 1979
Animal Welfare Act Amendments of 1979 - Amends the Animal Welfare Act to prohibit coursing (the use of live animals as visual lures in dog racing and training). Sets forth the penalties for violation of this Act. Exempts any dog trained by the use of any live visual lure, or sponsored or exhibited in a coursing venture, or any animal used as a live visual lure in a coursing venture before the effective date of this Act from the provisions of this Act.
United States · United States Congress · 27 June 1979
Expresses the sense of the Senate that the President should call upon Paraguay to apprehend and extradite Josef Mengele to stand trial in the Federal Republic of Germany.
United States · United States Congress · 26 June 1979
Expresses the sense of Congress that: (1) former President Richard M. Nixon should pay the United States $66,614.03 for federally-funded improvements to his California estate (known as La Casa Pacifica) which were not made for security purposes; and (2) the President and the Attorney General should attempt to recover such sum.
United States · United States Congress · 21 June 1979
Priority Energy Project Act of 1979 - Title I: Purposes and Definitions - Sets forth the purposes and definitions of terms as used in this Act. Title II: Priority Projects - Authorizes the Secretary of Energy to designate a maximum of six proposed energy facilities as priority energy projects during each calendar year. Allows any person planning or proposing an energy facility to apply to the Secretary for an order designating such facility as a priority energy project. Sets forth the procedure and criteria for designating priority energy projects. Excludes such determinations by the Secretary from the definition of major Federal action within the meaning of the National Environmental Policy Act of 1969. Directs the Secretary to encourage prospective applicants to file applications for any necessary Government actions or approvals with the appropriate agencies as soon as possible. Requires such Federal agencies to submit specified information to the Secretary not later than 30 days after public notice of an order designating a proposed energy facility as a priority energy project. Directs the Secretary to establish a decision deadline schedule. Provides for the extension of such deadlines. Delegates decision authority to the President if a deadline on the decision deadline schedule has elapsed without Federal agency decision or action. Provides for the Presidential extension of such deadlines. Directs the Secretary to grant certification of completed Federal agency review upon the determination that all Federal actions and approvals necessary to the completion of a priority energy project have been granted. Specifies that such certification shall indicate Federal approval expiration dates and shall constitute conclusive evidence in any judicial or executive proceeding that all necessary Federal permits have been granted. Directs the Secretary to notify the Governor of any State within which any portion of a priority energy project would be located and to request the Governor to submit specified information to the Secretary. Directs the Secretary to submit all such information to the priority energy project and propose a decision schedule to assist State and local authorities in coordinating their activities with actions by the Federal Government. Title III: Judicial Review and Miscellaneous Provisions - Exempts from judicial review the actions of Federal officers or agencies pursuant to this Act, except as specified in this title. Exempts from judicial review a decision of the Secretary granting or denying an order designating a proposed energy facility as a priority energy project except as required by the Constitution of the United States. Sets forth judicial procedures for claims arising out of actions pursuant to this Act. Grants to the Supreme Court the exclusive authority to review an interlocutory judgment or order of the court of appeals pursuant to this title. Sets forth certiorari and certification procedures. Makes this Act effective 30 days after the date of its enactment. Provides for the expiration of the Secretary's authority to designate priority energy projects seven years after the date of the enactment of this Act.
United States · United States Congress · 19 June 1979
Amends the Foreign Assistance Act of 1961 to remove the prohibitions against: (1) using the United States' contributions to the United Nations Development Program for economic or technical assistance projects for Cuba; and (2) furnishing assistance under such Act to Cuba. Repeals the law expressing the determination of the United States to contain the aggressive or subversive activities of the Cuban Government and to support the aspirations of the Cuban people for self-determination. Nullifies Presidential Proclamation 3447 of February 3, 1962, which imposed a trade embargo against Cuba.
United States · United States Congress · 19 June 1979
Lifelong Learning Act of 1979 - Amends title I of the Higher Education Act of 1965: (1) to repeal provisions of such title dealing with community service and continuing education programs, including the National Advisory Council on Extension and Continuing Education; and (2) to establish a new title I "Lifelong Learning" which is to make education and training opportunities available to all citizens throughout life. Authorizes appropriations for purposes of this Act through fiscal year 1985. Stipulates that 35 percent of such appropriated funds shall be used for comprehensive State planning programs. Provides that individual, eligible States shall receive such funds based on population, with a minimum grant of $50,000. Authorizes a State to request that a part of its allotment be transferred to another State for certain purposes. Requires States receiving less than $100,000 for such planning programs to use not less than 40 percent nor more than 50 percent of such funds for such purpose, and States receiving more than $100,000 to use not less than 30 percent nor more than 40 percent of such funds for such purpose. Authorizes States to use the remainder of such planning funds to implement statewide planning through grants to, or contracts with, appropriate State agencies and institutions. Stipulates that 30 percent of such Federal funds appropriated under this Act shall be used by eligible States for grants to institutions of higher education for post secondary continuing education and related adult education programs and services. Stipulates that 30 percent of such Federal funds appropriated under this Act shall be used for grants to, and contracts with, public and private agencies, institutions, and individuals for special purpose grants. Prohibits such grants from being given without the appropriate State agency having been given an opportunity to comment upon such grant's relevance to the State's comprehensive statewide planning program. Stipulates that five percent of such Federal funds appropriated under this Act shall be used for Federal lifelong learning activities, including the convening of a Lifelong Learning Conference in 1983. Requires States wishing to receive Federal funds for comprehensive planning programs and grants to institutions of higher education to submit an agreement. Sets forth guidelines for such agreement. Transfers responsibility for such programs from the Assistant Secretary to the Secretary of Health, Education, and Welfare. Directs the President to appoint a National Advisory Council on Lifelong Learning within 90 days of enactment of this Act.
United States · United States Congress · 18 June 1979
Entitles a Federal employee whose residence is outside the continental United States but within a U.S. territory or possession and whose post of duty is outside such territory or possession to round-trip travel expenses between such post and such residence when taking leave between assignments.
United States · United States Congress · 18 June 1979
Congressional Salary Act of 1979 - Amends the Federal Salary Act of 1967 to make any recommendations of the President relating to the salaries of Members of Congress, Delegates to the House of Representatives, and the Resident Commissioner from Puerto Rico purely advisory. Amends the Legislative Reorganization Act of 1946 to require that the annual rate of pay for members of Congress, Delegates to the House of Representatives, the Resident Commissioner from Puerto Rico, and the Senate and House leadership be the rate payable for such positions on the date of enactment of this Act unless otherwise established by law. Prohibits any law increasing such rates of pay from taking effect before the first day of the Congress following the Congress during which such law is enacted.
United States · United States Congress · 18 June 1979
Title I: - Adds a new title to the Intergovernmental Cooperation Act of 1968. Defines "generally applicable requirements" as requirements which are placed on assistance recipients by Federal legislation or administrative rules and regulations, and which apply to two or more assistance programs. Directs the President to designate Federal agencies to establish standard rules and regulations for, and to report on the implementation of generally applicable requirements in the areas of: (1) labor practices; (2) public employee standards; (3) equal services requirements based on prohibitions of discrimination; (4) access to government information; (5) relocation and real property acquisition; (6) procurement standards; (7) planning; (8) finance and administration; (9) citizen participation; and (10) environmental protection when such requirements are part of a Federal assistance program. Directs Federal departments and agencies to comply with those rules within 120 days after such a rule is issued. Permits a designated agency to submit for review by the President and, subsequently, Congress a legislative proposal to exclude certain Federal assistance programs from all or part of its standard rules. Directs the President to designate the Office of Management and Budget (OMB) to oversee the the administration of this title. Title II: Consolidation of Federal Assistance Programs - Directs the President to: (1) examine Federal assistance programs; and (2) prepare and transmit to Congress a plan for consolidating functionally related programs upon determining that such consolidation would improve the administration or efficiency of such programs. Requires that such a plan: (1) designate one agency to administer a consolidated program; (2) expire no later than six years after becoming effective; and (3) be transmitted to Congress before December 31, 1984. States that any such plan shall become effective upon approval by the President of a congressional resolution approving such plan. Sets forth House and Senate procedure for considering such a resolution. Requires the President to report to Congress annually on consolidation plans which are proposed and implemented under this title. Title III: Integrated Grant Development - Rewrites the Joint Funding Simplification Act of 1974 as the Integrated Grant Development Act of 1979. Requires Federal agencies to take specified measures previously authorized by the Joint Funding Simplification Act to provide for joint funding by and management of Federal assistance programs which have common interests. Directs the President to designate the OMB to take specified measures to carry out the provisions of this title. Title IV: Advance Appropriations - Amends the Intergovernmental Cooperation Act of 1968 and the Budget and Accounting Act of 1921 to provide for multi-year funding of Federal financial assistance programs. Title V: Miscellaneous - Requires Federal agencies, under the Intergovernmental Cooperation Act of 1968, to provide the officials of a State or local government receiving Federal assistance with information concerning the amount and purpose of that assistance. Directs the OMB to develop the system of providing such information and to oversee agency compliance with this title. Authorizes Congress to include in Federal assistance legislation a provision which prohibits a State or local government from using Federal assistance to replace funding previously provided by that government. Authorizes the head of an agency to waive such a prohibition upon determining that it would cause extraordinary fiscal hardship.
United States · United States Congress · 18 June 1979
Calls upon the President to urge: (1) the International Whaling Commission to adopt an indefinite moratorium on the commercial killing of whales; and (2) various countries to voluntarily comply with such moratorium.
United States · United States Congress · 14 June 1979
Directs the Postmaster General to issue a special postage stamp in honor of Filippo Mazzei, and in tribute to the millions of Americans of Italian descent who have played an important role in American history.
United States · United States Congress · 8 June 1979
Amends the Immigration and Nationality Act to provide that certain restrictions on the issuance of nonimmigrant visas to alien doctors will not apply to doctors coming to practice at public hospitals or clinics in the Virgin Islands.
United States · United States Congress · 7 June 1979
Requires the President to insure the satisfactory resolution of the certified claims of United States nationals against the Cuban Government before considering normalizing relations with Cuba. Requires the provision of tax credits to United States certified claimants should the President enter into any agreement involving counterclaims made by the Cuban Government. Directs the President to urge the Cuban Government to establish a fund for the payment of claims of U.S. nationals to be administered by the International Monetary Fund or some similar international agency.
United States · United States Congress · 6 June 1979
Replacement Motor Fuels Act of 1979 - Directs the Secretary of Energy to establish a program to promote the development and use of replacement fuels in the United States to replace gasoline used as a motor fuel with replacement motor fuel containing the maximum percentage of alcohol, or other liquid produced from coal, oil, shale, or other substances as is economically and technically feasible. Directs the Secretary to determine with respect to replacement fuels: the most suitable raw materials for their production, the nature of the distribution systems and production processes of such fuels, the technical and economic feasibility of including liquids extracted from oil shale and coal in such program, and the technical and economic feasibility of reaching goal of replacing 20 percent of the gasoline used as a motor fuel with replacement fuels by the year 1992. Directs the Secretary to set production goals for replacement fuels for each of calendar years through 1981 through 1987. Sets forth the manner of determining the percentage of replacement fuel by volume to be contained in the total quantity of gasoline and replacement fuel sold annually in commerce in the United States in calendar years 1981 through 1990, and directs the Secretary to issue a rule setting the minimum percentage replacement fuel to be sold for year 1981 through 1986 by any refiner. by any refiner. Sets forth provisions for the enforcement of such requirements. Authorizes the appropriation of up to $1,000,000 for fiscal year 1980 to carry out this Act.
United States · United States Congress · 6 June 1979
Authorizes the Secretary of the Interior to acquire the Walnut Street Theatre, Philadelphia, constructed in 1809, for inclusion in Independence National Historical Park in that city.
United States · United States Congress · 6 June 1979
Diabetes Research and Training Amendments and National Diabetes Advisory Board Extension Act of 1979 - Amends title IV of the Public Health Service Act (National Research Institutes) to redesignate the National Institute of Arthritis, Metabolism, and Digestive Diseases and the Advisory Council to such Institute as the National Institute of Arthritis, Metabolism, Diabetes, and Digestive Diseases and the National Arthritis, Metabolism, Diabetes, and Digestive Diseases Advisory Council. Establishes within the Advisory Council separate subcommittees on diabetes, arthritis, digestive diseases, and kidney diseases. Directs these subcommittees to: (1) review applications made to the Director of the Institute for research projects relating to such diseases and make recommendations to the Advisory Council; and (2) review and evaluate programs directed at such diseases. Establishes within the Institute the position of Associate Director for Diabetes. Sets forth the duties of the Associate Director, including: (1) having primary responsibility for all diabetes-mellitus-related activities supported or conducted by the National Institutes of Health; (2) providing information to public and private agencies with respect to such activities; and (3) reporting and making recommendations to the Director of the National Institutes of Health with respect to other enumerated functions. Extends the authorization of appropriations for diabetes research and training centers in the following amounts: $14,000,000 for fiscal year 1981, $17,000,000 for fiscal year 1982, and $20,000,000 for each of fiscal years 1983 through 1985. Directs the Secretary of Health, Education, and Welfare to provide from such amounts up to ten training stipends through each center in any fiscal year. Eliminates as an ex officio member of the National Diabetes Advisory Board the Secretary of Defense or his designee; adds as such a member the Director of the National Institute of Child Health and Human Development or his designee. Revises the terms of appointed members of the Board. Directs the Board to amend the Diabetes Plan (formulated by the National Commission on Diabetes under the National Diabetes Mellitus Research and Education Act) as is necessary to insure its continuing relevance. Extends the current level of authorizations for the purposes of the Board ($300,000 per fiscal year) through fiscal year 1985. Extends the expiration date of the Board from September 30, 1980, to September 30, 1985.
![Official portrait of Rep. Gray, William H., III [D-PA-2]](https://www.congress.gov/img/member/g000402_200.jpg)